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Reading Mabo

Mabo v Queensland (No. 2)* (1992) is a landmark High Court of Australia case that recognized the land rights of the Meriam people, who inhabited the Murray Islands in the Torres Strait. The court overturned the doctrine of terra nullius, which claimed Australia was unoccupied prior to European settlement. This decision fundamentally altered Australian land law and acknowledged the historical injustices faced by Indigenous Australians. The case arose when Eddie Mabo brought an action asserting the Meriam people's rights to their ancestral land.

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Reading Mabo

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  1. Reading Mabo LWZ100B

  2. Case Name Names of the Parties Headnote

  3. AGLC Case Name • Put the case name in italics • Use only first plaintiff and first defendant, do not include ‘and others’. • Use a ‘v’ between the parties • Use State name, don’t write ‘State of’ (eg. Queensland, not ‘State of Queensland’) • Include the number, but no full stop and use round brackets. Mabo v Queensland (No 2)

  4. Case Name Headnote Catchwords

  5. Case Name Headnote Dates in Court

  6. Case Name Headnote Judges who heard the case

  7. Case Name Headnote summary of material facts

  8. ratio decidendi

  9. Procedural History • How did this case come to be decided by the court? • ‘brought an action’ – commenced proceedings – started a court case • Appellate jurisdiction / original jurisdiction • Superior courts / inferior courts

  10. Material facts: • What are the material facts? • The material facts will reveal the relevant legal rules

  11. End of Headnote

  12. Other report formats • The Mabo case we just looked at was a CLR – Commonwealth Law Report • CLR = authorised decisions of the HCA • Cases may be written up in other reports • Such as ALR, Austlii

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