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Mabo Case Analysis

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On 3 June 1992 the High Court of Australia handed down its decision in Mabo vs The State of Queensland, ruling that the treatment of the Indigenous property rights based on the principle of terra nullius was wrong and racist towards the Aboriginals. The court ruled that indigenous ownership of land has survived where it has not been extinguished by a valid act of government and where Aboriginal people have maintained traditional law and links with the land. This legal recognition of Indigenous ownership called Native Title. The court ruled that in each case native title must be determined by reference to the traditions and customary law of Indigenous owners of the land.
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