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Dr Frankenstein's school of history . First, it recognised the entitlement of indigenous peo ple of Australia to a form of native land title. These included questions as to the validity of titles issued which were subject to the Racial Discrimination Act 1975 (Cth), the permissibility of future development of land affected by native title, and procedures for determining whether native title existed in land. We produce a range of publications and other resources derived from our research. Keep yesterday's dissent in mind the next time he receives such partisan praise. 2) is among the most widely known and controversial decisions the Court has yet delivered. The aim of the legislation was toretrospectively extinguish the claimed rights of the Meriam people to the Murray Islands. Is anyone there?" In this article, I explore the competing visions of legal history that are implicit within Brennan J's leading judgment and Dawson J's dissent. That court ruled against civil rights, it ruled against voting rights for African Americans. 0000002000 00000 n
Later in 1982, the plaintiffs, headed by Eddie Mabo, requested a declaration from the High Court that the Meriam people were entitled to property rights on Murray Island according to their local customs, original native ownership and their actual use and possession of the land. Most often asked questions related to bitcoin. You can search the Collection online or visit the Stanner Reading Room to view or listen to collection items and conduct research. All property is supposed to have been, originally, in him. Harlan was on the court in 1896 when it endorsed racial segregation in Plessy v. Ferguson and was the lone justice who voted no. The full text of this speech is available at http://apology.west.net.au/redfern.html. Short for Mabo and others v Queensland (No 2) (1992), the Mabo case, led by Eddie Kioiki Mabo, an activist for the 1967 Referendum, fought the legal concept that Australia and the Torres Strait Islands were not owned by Indigenous peoples because they did not use the land in ways Europeans believed constituted some . Why was Eddie Mabo important to the land rights movement? [10], In 1871 missionaries from the London Missionary Society arrived on the Torres Strait island of Darnley Island in an event known as "The coming of the Light" leading to the conversion to Christianity of much of the Torres Strait, including Mer Island. Read all our latest news and media releases. The decision has remained important to Indigenous communities throughout Australia, notably because Anglo-Australian law now officially recognises the prior existence of Indigenous peoples. What happened on Mabo Day? 0000001056 00000 n
That's what's striking about it. 0000003912 00000 n
The visit, as Moynihan J noted in his openingstatement,provided a better understanding of the evidence, and of island life. Hello! On Harlan writing dissents during the era of Jim Crowe. 0000001818 00000 n
The islands have been inhabited by the Meriam people (a group of Torres Strait Islanders) for between 300 and 2000 years. I am using case in its narrow legal sense in this context. Mason CJ, Wilson, Brennan, Deane, Dawson Toohey & Gaudron JJ. In acknowledging the traditional rights of the Meriam people to their land, the court also held that native title existed for all Indigenous people. We recognise that our staff and volunteers are our most valuable asset. In recognising that Indigenous peoples in Australia had prior rights to land, the Court held that these rights, where they exist today, will have the protection of the Australian law until those rights are legally extinguished. It was not until 3 June 1992 that Mabo No. Search and explore the AIATSIS Collection of more than 1 million items related to Australian Aboriginal and Torres Strait Islander cultures and histories. [3] Conversely, the decision was criticised by the government of Western Australia and various mining and pastoralist groups.[4]. 2 was decided. It found that the Queensland Coast Islands Declaratory Act 1985, [2] which attempted to retrospectively abolish native title rights, was not valid according to the . This was the one link of hope that white people might support them and see the law through their eyes," said Peter Canellos, author of The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero, in an interview on Morning Edition. The case presented by Eddie Mabo and the people of Mer successfully proved that Meriam custom and laws are fundamental to their traditional system of ownership and underpin their traditional rights and obligations in relation to land. Mabo rejected the more militant direct action tactics of the land rights movement, seeing the most important goal as being to destroy the legal justification for what he regarded as land theft. The conversation went something like this: "Hello, Bryan Keon-Cohen here, whos that?" 0000009196 00000 n
On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of this continent were not terra nullius or land belonging to no-one when European settlement occurred, and that the Meriam people were 'entitled as against the whole world to possession, occupation, use and enjoyment of (most of) the lands of the Murray Islands'. In 2015, 23 years after the decision, Eddie Mabo was honoured by the Sydney Observatory in a star naming ceremony, a fitting and culturally significant moment in our nations history. Did you know that with a free Taylor & Francis Online account you can gain access to the following benefits? In the weeks before Thomas Jefferson's inauguration as president in March . 10. The Blainey view: Geoffrey Blainey ponders Mabo, the High Court and democracy. AIATSIS acknowledges all Aboriginal and Torres Strait Islander Traditional Custodians of Country and recognises their continuing connection to land, sea, culture and community. [Google Scholar] FCAFC 110 on the question of whether illegal acts of a pastoral leaseholder can extinguish native title; and Members of the Yorta Yorta Aboriginal Community v. Victoria (2002 Yorta Yorta Aboriginal Community (Members) v. Victoria (2002), 214 CLR 422 . It commemorates Mer Island man Eddie Koiki Mabo and his successful efforts to overturn the legal fiction of terra nullius, or land belonging to no-one. The judges held that British possession had . For a more sustained discussion of this point see Manne (2003 He previously served as the Queen's sixty-sixth Regiment in Afghanistan. He was viewed as a civil libertarian who protected the First Amendment from encroachments, particularly during World War I and the period of hostility to dissent that followed the war. The High Court of Australia's decision in Mabo v. Queensland (No.2) is among the most widely known and controversial decisions the Court has yet delivered. 0000005771 00000 n
2) (1992) 175 CLR 1 F.C. He also co-operated with members of the Communist Party, the only white political party to support Aboriginal campaigns at the time. 27374). <<110EE4BF308F4443B9E56A9CC55ABF3E>]>>
Before proceeding to an analysis of the majority judgments, it should be [Crossref],[Google Scholar], p. 25). 5 Howick Place | London | SW1P 1WG. Justices Deane and Gaudron (in a joint judgment) and Toohey J substantially agreed with Brennan J subject to one difference of opinion noted below. On 3 June 1992 the High Court of Australia recognised that a group of Torres Strait Islanders, led by Eddie Mabo, held ownership of Mer (Murray Island). We work to: Australian Law Journal, 70: 246[Google Scholar]; Evans, 1995 Evans, R. 1995. We will be creating a transformative learning experience for all Australian students and teachers, when visiting Canberra or through on-line training. Ngurra: The National Aboriginal and Torres Strait Islander Cultural Precinct will be nationally significant in speaking to the central place that Aboriginal and Torres Strait Islander peoples hold in Australias story. The Queensland Parliament passed theQueensland Coast Islands Declaratory Act 1985in an attempt to pre-empt the Meriam peoples case. Soon after the decision, the Keating Government passed the Native Title Act 1993 (Cth), which codified the rights recognised in Mabo and set out a new process for applicants to have their rights recognised through the newly established Native Title Tribunal and the Federal Court of Australia. His Honor thought, however, that if land was in fact occupied, as was much of Australia, the common law protected the indigenous rights of the occupiers. 1. 2" Justice Dawson alone dissented. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. Heidi Glenn produced for the web. [20] Additionally, the acquisition of radical title to land by the Crown at British settlement did not by itself extinguish native title interests. The Stanner Reading Room and client access rooms will be closed from, Guide to evaluating and selecting education resources, Aboriginal and Torres Strait Islander people should be aware that this website may contain images, voices and names of deceased persons, Queensland Coast Islands Declaratory Act 1985, ABS:TheMaboCase, an articlecontributed by the Native Title Section of the Department of Prime Minister and Cabinet, From Keon-Cohen, B A, 'The Mabo Litigation: A Personal and Procedural Account'[2000] MelbULawRw 35; (2000) 24(3) Melbourne University Law Review 893, Records about adoption, fostering and institutions, Return of material to Indigenous communities, Alternative settlements and modelling loss and reparation for compensation, Indigenous languages preservation: Dictionaries project, Livelihood values of Indigenous customary fishing, Preserve, Strengthen and Renew in community, Report on the Situation and Status of Indigenous Cultures and Heritage, Third National Indigenous Languages Survey, Publishing a research publication with us, Native title access Corbis via Getty Images Early life and family. As Justice Kirby has conceded, the Mabo decision 'sits on the fine line which separates a truly legislative act from the exercise of a truly judicial function' (1994:70). How can the Family History Unit help you? We tell the story of Aboriginal and Torres Strait Islander and create opportunities for people to encounter, engage and be transformed by that story. Whitewash: On Keith Windschuttle's fabrication of Aboriginal history . The Mabo Case challenged the existing Australian legal system from two perspectives: Eddie Mabo with fellow plaintiffs outside the High Court of Australia. 1994. Per Deane J. and Gaudron J. at 55, 56. On the assumption that Aboriginal and Torres Strait Islander peoples had no concept of land ownership before the arrival of British colonisers in 1788 (terra nullius). Retrieved 9 October 2007 from http://www.usyd.edu.au/news/ [Google Scholar] for more thorough reviews of Connor's book, including some suggestions that Connor may also have permitted himself the odd sleight of hand in making his case for the culpable invention of terra nullius. Hence he dissented. Register a free Taylor & Francis Online account today to boost your research and gain these benefits: Journal for the Study of Race, Nation and Culture, Anywhere But Here: Race and Empire in the Mabo Decision, /doi/full/10.1080/13504630701696435?needAccess=true, Imperialism, history, writing, and theory, The Blainey view: Geoffrey Blainey ponders Mabo, the High Court and democracy, Nation and miscegenation: Discursive continuity in the Post-, Yorta Yorta Aboriginal Community (Members) v. Victoria. London & New York: Zed Books. Very simply put, Justice Blackburn found that no such rights existed in hide caption. The majority judgments in full are the largest, and perhaps also the plainest in appearance, of Australia's key constitutional documents. Sun 13 Jun 1993 - The Canberra Times (ACT : 1926 - 1995), Dawson warned against trying to right old wrongs on Mabo, ered, but rejected, the idea of a Bill of, Ngunnawal identity Matilda House (nee Williams) and elder sister of Harry, "Crow" Williams, with Aunty Vi Bolger, now in her 90s. %PDF-1.4
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And the answer essentially is no in Plessy v. Ferguson. This test has been used in later cases[Note 1] to establish whether or not a person is Indigenous. The judgment of Dawson J The majority had rejected Queensland's argument that annexation delivered to the Crown a proprietary interest in all land in the Murray Islands which precluded the existence of native title. [29][30] An Indigenous land use agreement was signed on 7 July 2014. According to positivist legal theory, this is a necessary function of common law judges: if courts are empowered to make authoritative determinations of the fact that a rule has been broken, these cannot avoid being taken as authoritative determinations of what the rules are. Legal proceedings for the case began on 20 May 1982, when a group of four Meriam men, Eddie Koiki Mabo, Reverend David Passi, Sam Passi, James Rice and one Meriam women, Celuia Mapo Sale,brought an action against the State of Queensland and the Commonwealth of Australia, in the High Court, claiming 'native title' to the Murray Islands. As such, they have the responsibility to care and share it with their clan or family and maintain it for future generations. 41, 42, 46, 63. The Murray Islands Mabo v Queensland (No 2) (commonly known as the Mabo case or simply Mabo) is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia. On 27 February 1986, the Chief Justice, Sir Harry Gibbs, sent the case to the Supreme Court of Queensland to hear and determine the facts of the claim. What does Mabo Day commemorate for kids? Find out about all of our upcoming events and conferences. 0000014302 00000 n
Why did Eddie Mabo change his name to Mabo? Aboriginal Land (Lake Condah and Framlingham Forest) Act, 1987, Aboriginal Land Rights Act (Northern Territory), 1976, Aboriginal & Torres Strait Islander Heritage Protection Act, AMEC (Assoc' of Mining & Exploration Co's), ATSIC Aboriginal and Torres Strait Islander Commission, Australian Aboriginal Progressive Association, Department of Aboriginal & Islander Affairs (DAIA), FCAATSI Federal Council For Aboriginal Advancement, Ganalanja Corp v Queensland and Ors (1996), Hamlet of Baker Lake v Minister for Indian Affairs (1979), Miriuwung Gajerrong Peoples v Western Australia (1998), Oneida Indian Nation v County of Oneida (1974), Queensland Coast Islands Declaratory Act , 1985, Southern Rhodesia, Amodu Tijani V Secretary, 1921, Te Weehi v Regional Fisheries Office (1986), Teddy Biljabu and Ors v Western Australia (1995), The Administration of Papua v Daera Guba 1972-3, The Land Titles and Traditional Usages Act, Walley v State of Western Australia (1996), This is an NFSA Digital Learning resource. He petitioned, campaigned, cajoled and questioned Terra Nullius for 18 years. Mabo Day is marked annually on 3 June. Mabo gained an education, became an activist for black rights and worked with his community to make sure Aboriginal children had their own schools. It should be clear from what follows (and, frankly, from the course of history) that I do not suggest that Aborigines had not asserted their rights to land via other (non-judicial) means before 1971. 0000004713 00000 n
Mabo Day is marked annually on 3 June. 0000004943 00000 n
[16], Prior to judgment, the Queensland government passed the Queensland Coast Islands Declaratory Act 1985 (Qld), which purported to extinguish the native title on the Murray Islands that Mabo and the other plaintiffs were seeking to claim. The majority opinion is an abomination. We pay our respects to Elders past and present. Mabo and Others v Queensland (No. "Bye. Law Institute Journal, 69: 203[Google Scholar]), I read it as a judgment in which Brennan, J. identified that the pre-existing common law (other than Southern Rhodesia) did not compel a particular outcome. 0000010447 00000 n
InMabo v. Queensland (No. Increase public engagement in science and ensure people have a voice in decisions that affect them We have produced a range of resources, databases, indexes, finding aids and reading lists to help you with your research and to find information in our Collection. This strike was the first organised Islander challenge to western authorities since colonisation.[14]. Eddie Koiki Mabo was the first named plaintiff and the case became known as the Mabo Case. The fabrication of Aboriginal history, Volume One: Van Diemen's Land 18031847, Sydney: Macleay Books. Aboriginal and Torres Strait Islander people should be aware that this website may contain images, voices and names of deceased persons. There was a long string of pro-business presidents of both parties that appointed Northern railroad attorneys essentially to the Supreme Court, and then you have this economic crisis and this racial crisis, and they're not equipped to deal with it. overturning the doctrine of terra nullius: the mabo case overview the mabo decision altered the foundation of land law in australia overturning the doctrine. He noted the plain language of the Constitution, which said equal protection under law in the 14th amendment is the law of the land. Mabo v Queensland (No 2) (commonly known as the Mabo case or simply Mabo) is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia. The Mabo Case was a significant legal case in Australia that recognised the land rights of the Meriam people, traditional owners of the Murray Islands (which include the islands of Mer, Dauer and Waier) in the Torres Strait. 0000014584 00000 n
A new book explores the life of U.S. Supreme Court Justice John Marshall Harlan, who, through his writing, made history even though he lost. xb```f``f`^|QXcG =N{"C_2`\. We take a look at some of the key facts from this significant milestone in our history. Prior to Mabo, the pre-colonial property interests of Indigenous Australians were not recognised by the Australian legal system. These pages from the judgment of Justice Gerard Brennan, with his signature, represent not only this lengthy judgment, but the substantial set of documents which comprise the majority judgments of six of the seven judges of the full High Court, who together decided this case. Paul Keating, speech delivered at Redfern Park in Sydney on 10 December 1992. We provide leadership in ethics and protocols for research related to Aboriginal and Torres Strait Islander peoples and collections. 0000009848 00000 n
Lane, 1996 Lane, P. H. 1996. 4. [Google Scholar]). [31], Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June,[32] and occurs during National Reconciliation Week in Australia. Justice Dawson, however, held that such rights exist only if recognised or acquiesced in by the Crown, and that this did not happen in this case. Today, we discuss the devastating human cost of the "race grievance industry" he believes is [] xref
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Richard Bartlett, "The Proprietary Nature of Native Title" (1998) 6, This page was last edited on 25 February 2023, at 06:37. Native title could be extinguished by a valid exercise of government power that was inconsistent with an ongoing native title interest. startxref
Rather, the Milirrpum case was, for a combination of historical reasons, the first occasion on which an Aboriginal plaintiff brought a native title case before an Australian court and the first time that an Australian or English court was required to rule directly, as opposed to obliquely, on the question of whether native title survived the transfer of sovereignty over Australian territory to the Crown. [17], The court held that rights arising under native title were recognised within Australia's common law. [Google Scholar]) for a description of the phases of colonization as they relate to Aboriginal Australians. Fitzmaurice , A. Twelve months later the. [13], By the 1900s, the traditional economic life of the Torres Strait gave way to wage labouring on fishing boats mostly owned by others. Legal proceedings for the case began on 20 May 1982, when a group of four Meriam men, Eddie Koiki Mabo, Reverend David Passi, Sam Passi, James Rice and one Meriam women, Celuia Mapo Sale, brought an action against the State of Queensland and the Commonwealth of Australia, in the High Court, claiming native title to the Murray Islands. I hate to say it, but I think notions of white supremacy, prejudice and frankly expediency are very visible in the majority opinion of Plessy v. Ferguson. But we need to be super sure you aren't a robot. 's leading judgment and Dawson, J. Why did Justice Dawson dissent in Mabo? Tasos Katopodis / Getty Images 0000002568 00000 n
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In 1981, Eddie Mabo made a speech at James Cook University in Queensland, where he explained his peoples beliefs about the ownership and inheritance of land on Mer. Photo courtesy of tho Russell Family, http://nla.gov.au/nla.news-article127232465, create private tags and comments, readable only by you, and. 0
( 2006 ). 3099067 's judgment is often criticised as an example of judicial activism (e.g. Manne , R. (2003) . Invest in a scientifically inspired, literate and skilled Australia that contributes to local and global social challenges 0000002660 00000 n
Mabo was born Eddie Koiki Sambo but he changed his surname to Mabo when he was adopted by his uncle, Benny Mabo. In particular, I discuss the ways in which both of these judgments render an incomplete and contradictory documentary record more coherent than it really is. Six of the judges agreed that the Meriam people did have traditional ownership of their land, with Justice Dawson dissenting from the majority judgment. Ginsburg, however, offered three in late June 2013, including in the consequential voting rights case of Shelby County v . Photo by MARTIN PIERIS, Ngunnawal families pose with the settler Whittaker family. Cited by lists all citing articles based on Crossref citations.Articles with the Crossref icon will open in a new tab. Eddie Koiki Mabo was a Torres Strait Islander who believed Australian laws on land ownership were wrong and fought to change them. In Plessy v. Ferguson it approved the legal architecture of segregation. Since you've made it this far, we want to assume you're a real, live human. Retrieved 15 January 2006 from http://home.vicnet.net.au/ [Google Scholar] and Fitzmaurice, 2006 0000003198 00000 n
[3] Richard Court, the Premier of Western Australia, voiced opposition to the decision in comments echoed by various mining and pastoralist interest groups.[4]. says I. University of Sydney News , 15 March. For terms and use, please refer to our Terms and Conditions Read about what you should know before you begin. Mabo (1992) 17 5 CLR 1 at 71-3. You own the island under your laws and custom." "His dissent was largely invisible in the white community, but it was read aloud in Black churches. Listen, learn and be inspired by the stories of Australias First Peoples. [Screams of what I took to be joy, laughter, yelling, much discussion in the background.] 0000005020 00000 n
The decision led to the legal doctrine of native title, enabling further litigation for First Nations land rights. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. "Well, those judges, they told us their decision just now: Eddie won. Paradoxically, the Wik decision evoked a much more swift and hostile reaction . [i] From Keon-Cohen, B A, 'The Mabo Litigation: A Personal and Procedural Account'[2000] MelbULawRw 35; (2000) 24(3) Melbourne University Law Review 893. I use the words could not be pressed rather than were not pressed to make the point that, in the cases I am discussing (from Att.-Gen. v. Brown to Williams v. Att.-Gen. Williams v. Att.-Gen. (New South Wales) (1913), 16 CLR 404 . You Murray Islanders have won that court case. Justice Brennan (with whom Mason CJ and McHugh J agreed) \vrote the leading judgment. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. 0000007233 00000 n
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[7] Land is owned by the eldest son on behalf of a particular lineage or family so that land is jointly owned individually and communally. Robert Harlan, a freed slave, achieved renown despite the court's decisions. 0000007289 00000 n
As secretary of state, Marshall had signed a number of the. To request a reprint or corporate permissions for this article, please click on the relevant link below: Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content? No. As Harlan predicted in his dissent in Plessy v. Ferguson, it consigned the nation to hundreds of years of racial strife. [Google Scholar]) argues persuasively that to speak of the post-colonial obscures the present and continuing incursion of white values, philosophies and mores into indigenous culture and society in societies such as Australia. trailer
( 2006 ). Justice Moynihan handed down his determination of facts on 16 November 1990, which meant the High Court could begin its hearing of the legal issues in the case. diversity. Mabo is of great legal, historical, and political importance to Aboriginal and Torres Strait Islander Australians. [11] This however did not lead to a replacement of traditional native traditions, but a synthesis with traditional customs including the Malo's Law being recognised within the framework of Christianity. The High Court recognised the fact that Indigenous peoples had lived in Australia for thousands of years and enjoyed rights to their land according to their own laws and customs. The old saying holds that history is written by the winners. Registered in England & Wales No. [26] Native title doctrine was eventually codified in statute by the Keating Government in the Native Title Act 1993 (Cth). "Oh yes." 0000007955 00000 n
[33][34], The case was referenced in the 1997 comedy The Castle, as an icon of legal rightness, embodied in the quote "In summing up, its the Constitution, its Mabo, its justice, its law, its the vibe". The second empire is defined by P. J. Marshall as the British Empire of the late eighteenth century, which ceased to consist primarily of communities of free settlers of British origin and became an empire of peoples who were not British in origin and who had been incorporated into the empire by conquest and who were ruled without representation (Marshall, 2001 cited by Hussain, 2003 Hussain, N. 2003. The hearing was adjourned when Eddie Mabo and the people of Mer brought a second case to the High Court challenging the constitutional validity of theQueensland Coast Islands Declaratory Act 1985. Australian Book Review , April. Skip to document. "The common law itself took from Indigenous inhabitants any right to occupy their traditional land, exposed them to deprivation of the religious, cultural and economic sustenance which the land provides, vested the land effectively in the control of the imperial authorities without any right to compensation and made the Indigenous inhabitants Note: an example of litigation following Mabo is the, Indigenous land rights in Australia History, List of Australian Native Title court cases, "Aboriginal land claims, an Australian perspective", "Children and traditional subsistence on Mer (Murray Island), Torres Strait", "10 years after Mabo, Eddie's spirit dances on", "Badu Island traditional owners granted freehold title", "Agreements, Treaties and Negotiated Settlements project", Department of the Premier and Cabinet (South Australia), "Mabo's story of sacrifice and love to premiere at festival", Speech: Mabo Premiere, Sydney Film Festival 2012, "Aboriginal land claims - an Australian perspective", Papers of Edward Koiki Mabo, held by the National Library of Australia, "From Milirrpum to Mabo: The High Court, Terra Nullius and Moral Entrepreneurship", Australian Institute of Aboriginal and Torres Strait Islander Studies, https://en.wikipedia.org/w/index.php?title=Mabo_v_Queensland_(No_2)&oldid=1141472445, Short description is different from Wikidata, All Wikipedia articles written in Australian English, Creative Commons Attribution-ShareAlike License 3.0, Mason CJ, Brennan, Deane, Toohey, Gaudron & McHugh JJ, The doctrine of terra nullius was not applicable to Australia at the time of British settlement of, Native title exists as part of the common law of Australia, The source of native title was the traditional customs and laws of Indigenous groups, The nature and content of native title rights depended upon ongoing traditional laws and customs. Please note: Selecting permissions does not provide access to the full text of the article, please see our help page Dr. Dawson is a bumbler who has a good heart and joins Basil on their hunt to find Mr. Flaversham, Olivia's father, from the diabolical Professor Ratigan. 0000004321 00000 n
Nation and miscegenation: Discursive continuity in the Post-Mabo era. We use cookies to improve your website experience. In 1973 Mabo founded the Black Community School in Townsville, which was created to educate Aboriginal and Torres Strait Islander children and preserve traditional knowledge and practices. The High Court found the Queensland Coast Islands Declaratory Act to be invalid because it was in conflict with theRacial Discrimination Act 1975. This was successfully challenged in Mabo v Queensland (1988) 166 CLR 186 (Mabo No 1) and declared as ineffective due to the act being inconsistent with the right to equality before the law, as established by the Racial Discrimination Act 1975 (Cth). We had the wrong people on the Supreme Court, and they set the country back decades. Justice Dawson, however, held that such rights exist only if recognised or acquiesced in by the Crown, and that this did not happen in this case.