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Australian Aboriginal Customary Law
Indigenous Australian customary law refers to the legal systems and practices uniquely belonging to Indigenous Australians of Australia, that is, Aboriginal Australians, Aboriginal and Torres Strait Islander people. Background and description Indigenous peoples of Australia comprise two groups with very different histories, ethnicities and customs: Aboriginal Australians, Aboriginal peoples and Torres Strait Islanders. Torres Strait Islanders are "strictly monogamous [and] mostly church-married". The most notable customary practice differing from usual practice among non-Indigenous Australians is that of adoption, known as ''kupai omasker'', by members of the extended family or friends. The reasons differ depending on which of the many Torres Islander cultures the person belongs to. Most studies have looked exclusively at Aboriginal law and lore, with regard to personal and social customs. Aboriginal customary law developed over time from accepted morality, moral and social norms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Australians
Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples of the Australian mainland and Tasmania, and the Torres Strait Islander peoples from the seas between Queensland and Papua New Guinea. The term Aboriginal and Torres Strait Islander peoples or the person's specific cultural group, is often preferred, though the terms First Nations of Australia, First Peoples of Australia and First Australians are also increasingly common; 812,728 people self-identified as being of Aboriginal and/or Torres Strait Islander origin in the 2021 Australian Census, representing 3.2% of the total population of Australia. Of these indigenous Australians, 91.4% identified as Aboriginal; 4.2% identified as Torres Strait Islander; while 4.4% identified with both groups. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Reform Commission Of Western Australia
The Law Reform Commission of Western Australia is a commission to investigate, review and advise on the reform of the law in Western Australia, a state of Australia. The present commission came into existence on 31 October 1972. History There has been a history of law reform in common law countries such as Australia. Prior to the establishment of the commission, various parliamentary inquiries, ad hoc commissions, or panels had advised on law reform. One of the first systematic attempts was in 1822 and 1823, when Commissioner John Thomas Bigge, a former Chief Justice of Trinidad, prepared three reports on the state of the colony of New South Wales. Those reports recommended various changes in the legal system, government, and use of convicts in the colonies. The present commission is a successor to that grand history of law reform in Australia. The commission was the first permanent body established in Western Australia to continually conduct and investigate law reform. Its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arnhem Land
Arnhem Land is a historical region of the Northern Territory of Australia, with the term still in use. It is located in the north-eastern corner of the territory and is around from the territory capital, Darwin. In 1623, Dutch East India Company captain Willem Joosten van Colster (or Coolsteerdt) sailed into the Gulf of Carpentaria and Cape Arnhem is named after his ship, the ''Arnhem'', which itself was named after the city of Arnhem in the Netherlands. The area covers about and has an estimated population of 16,000, of whom 12,000 are Aboriginal and Torres Strait Islander people. Two regions are often distinguished as East Arnhem (Land) and West Arnhem (Land), and North-east Arnhem Land is known to the local Yolŋu people as Miwatj. The region's service hub is Nhulunbuy, east of Darwin, set up in the early 1970s as a mining town for bauxite. Other major population centres are Yirrkala (just outside Nhulunbuy), Gunbalanya (formerly Oenpelli), Ramingining, and Maningrida. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burarra People
The Burarra people, also referred to as the Gidjingali, are an Aboriginal Australian people in and around Maningrida, in the heart of Arnhem Land in the Northern Territory. Opinions have differed as to whether the two names represent different tribal realities, with the Gidjingali treated as the same as, or as a subgroup of the Burarra, or as an independent tribal grouping. For the purposes of this encyclopedia, the two are registered differently, though the ethnographic materials on both may overlap with each other. According to Norman Tindale, there are five sub-groups of Burarra people: Anbara (or Anbarra), Marawuraba, Madia, Maringa and Gunadba. The Burraras' closest neighbours are the Dangbon/Dalabon, Nakara and Yolngu peoples. Name The ethnonym ''Burarra'' means 'those people'. Norman Tindale classified the Gidjingali as being eastern Burarra, speaking a dialect only slightly different from Burarra. Les Hiatt argued in 1965 that they were a distinct 'tribe'. Others take ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Native Title Act 1993
The ''Native Title Act 1993'' (Cth) is a law passed by the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system". The Act was passed by the Keating Government following the High Court's decision in Mabo v Queensland (No 2) (1992).. The Act commenced operation on 1 January 1994. Background Act This legislation aimed to codify the Mabo decision and implemented strategies to facilitate the process of recognising native title in Australia. The Act also established the National Native Title Tribunal, to register, hear and determine native title claims. According to the Australian Government: ''The Native Title Act'' 1993 establishes a framework for the protection and recognition of native title. The Australian legal system recognises native title where: *the rights and interests are possessed under traditional laws and customs that cont ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freehold (law)
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds before 1925 In England and Wales, before the Law of Prope ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Radical Title
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Most property ownership in common law jurisdictions is fee simple. In the United States, the land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the U.S. (notably, Nevada and Texas) have provisions for considering land allodial under state law, and the term may be used in other circumstances. Land is "held of the Crown" in England and Wales and other jurisdictions in the Commonwealth realms. Some land in the Orkney and Shetland Islands, known as udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mabo V Queensland (No 2)
''Mabo v Queensland (No 2)'' (commonly known as ''Mabo'') is a decision of the High Court of Australia, decided on 3 June 1992.. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for first recognising the pre-colonial land interests of Indigenous Australians within Australia's common law.e.g. in ''Milirrpum v Nabalco Pty Ltd'' ''Mabo'' is of great legal, historical, and political importance to Aboriginal and Torres Strait Islander Australians. The decision rejected the notion that Australia was terra nullius at the time of British settlement, and recognised that Indigenous rights to land existed by virtue of traditional customs and laws and these rights had never been wholly been lost upon colonisation. The Prime Minister Paul Keating praised the decision, saying it "establishes a fundamental truth, and lays the basis for justice". Conversely, the decision was criticised by the government of Western Australia and various minin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terra Nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it. : : : : : : There are currently three territories claimed to be ''terra nullius'', two of which caused by border disputes between sovereign states, and one caused by no sovereign state claiming the land. Doctrine In international law, ''terra nullius'' is territory which belongs to no state. Sovereignty over territory which is ''terra nullius'' can be acquired by any state by occupation. According to Oppenheimer, “‘The only territory which can be the object of occupation is that which does not already belong to another state, whether it is uninhabited, or inhabited by persons whose community is not considered to be a state; for individuals may live on as territory without forming themselves into a state proper exercising sovereignt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queensland Government
The Queensland Government is the democratic administrative authority of the Australian state of Queensland. The Government of Queensland, a parliamentary constitutional monarchy was formed in 1859 as prescribed in its Constitution, as amended from time to time. Since the Federation of Australia in 1901, Queensland has been a State of Australia, with the Constitution of Australia regulating the relationships between all state and territory governments and the Australian Government. Under the Australian Constitution, all states and territories (including Queensland) ceded powers relating to certain matters to the federal government. The government is influenced by the Westminster system and Australia's federal system of government. The Governor of Queensland, as the representative of Charles III, King of Australia, holds nominal executive power, although in practice only performs ceremonial duties. In practice executive power lies with the Premier and Cabinet. The Cabinet of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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