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Terra Nullius In Australia

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Prior to the European settlement of Australia (1788), indigenous Australians inhabited the continent and had recognised laws within their clans. However, as documented in the case of the Yirrkala community, due to the notorious laws being unwritten, the doctrine of terra nullius enabled the European power to claim the discovered land as part of its empire despite their being evident inhabitants. The British adapted the international law concept of terra nullius to govern the situation in “settled” colonies, which is how the law regarded Australia.

The first test of terra nullius in Australia occurred with the decision of R v Tommy 1827, which indicated that the native inhabitants were only subject to English law where the incident concerned

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