Australian Property Law Principles to Practice

In past years, many histories of Australia began with the so-called ‘discovery’ of parts of the ‘Great South Land’ by European explorers.

While this approach may be understandable, it is no longer acceptable to view the Indigenous history of Australia purely from a European perspective. To do so would disrespect profoundly the continent’s first inhabitants. This chapter thus begins with a consideration of the profound relationship between Indigenous Australians and the land. It examines the landmark 1992 decision in Mabo v Queensland (No 2), which led to the passage of the Native Title Act 1993 (Cth) ensuring the continuing recognition and protection of Indigenous Australians’ native title rights and interests. The chapter focuses on the rights, obligations and procedures for establishing, proving, and contesting native title claims through both the Federal Court and the National Native Title Tribunal. It discusses the landmark High Court decision in Northern Territory v Griffiths in relation to compensation for extinguishment of native title. The chapter concludes by considering state and territory legislation introduced following the enactment of the Native Title Act 1993 (Cth).