Gove Land Rights Case
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Gove Land Rights Case
''Milirrpum v Nabalco Pty Ltd'', also known as the Gove land rights case because its subject was land known as the Gove Peninsula in the Northern Territory, was the first litigation on native title in Australia, and the first significant legal case for Aboriginal land rights in Australia, decided on 27 April 1971. The decision of Justice Richard Blackburn ruled against the Yolngu claimants on a number of issues of law and fact, rejecting the doctrine of Aboriginal title. Instead his ruling recognised that in the law of the time of British colonisation of Australia there was a distinction between settled colonies, where the land, being "desert and uncultivated", was claimed by right of occupancy, and conquered or ceded colonies. The decision also noted that the Crown had the power to extinguish native title, if it existed. The issue of ''terra nullius'' was not contemplated in the case. Although ''Milirrpum'' was not appealed beyond the Supreme Court of the Northern Territo ...
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Supreme Court Of The Northern Territory
The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters. It is around the middle of the Australian court hierarchy. Early history Shortly after the first settlement at Palmerston, Port Darwin in 1869–70, pressure was placed upon the South Australian government to establish a superior court in the then Northern Territory of South Australia. Although such a court was mooted, it was decided to send judges to Palmerston on circuit. The first circuit court was held in February 1875. Thereafter, from 1875 to 1884, the government appointed persons as commissioners (usually the Government Resident) to exercise the power of a judge of the Supreme Court of South Australia in all but trials of capital offences. From 1884 to 1911, a resident judge, with the title "Judge of the Northern Territory" exercised the f ...
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Bauxite
Bauxite is a sedimentary rock with a relatively high aluminium content. It is the world's main source of aluminium and gallium. Bauxite consists mostly of the aluminium minerals gibbsite (Al(OH)3), boehmite (γ-AlO(OH)) and diaspore (α-AlO(OH)), mixed with the two iron oxides goethite (FeO(OH)) and haematite (Fe2O3), the aluminium clay mineral kaolinite (Al2Si2O5(OH)4) and small amounts of anatase (TiO2) and ilmenite (FeTiO3 or FeO.TiO2). Bauxite appears dull in luster and is reddish-brown, white, or tan. In 1821, the French geologist Pierre Berthier discovered bauxite near the village of Les Baux in Provence, southern France. Formation Numerous classification schemes have been proposed for bauxite but, , there was no consensus. Vadász (1951) distinguished lateritic bauxites (silicate bauxites) from karst bauxite ores (carbonate bauxites): * The carbonate bauxites occur predominantly in Europe, Guyana, Suriname, and Jamaica above carbonate rocks (limestone and do ...
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Clan
A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clans may claim descent from founding member or apical ancestor. Clans, in indigenous societies, tend to be endogamous, meaning that their members can marry one another. Clans preceded more centralized forms of community organization and government, and exist in every country. Members may identify with a coat of arms or other symbol to show that they are an . Kinship-based groups may also have a symbolic ancestor, whereby the clan shares a "stipulated" common ancestor who serves as a symbol of the clan's unity. Etymology The English word "clan" is derived from old Irish meaning "children", "offspring", "progeny" or "descendants"; it is not from the word for "family" or "clan" in either Irish or Scottish Gaelic. According to the ''Oxford English Dictionary'', the word "clan" was introduced into English in around 1425, as a descriptive label for the organization ...
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Australian Law
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories (subject to augmentation by statutes).. The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The States are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a regional legislature by the Commonwealth. Th ...
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Sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derived ...
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Edward Woodward (judge)
Sir Albert Edward Woodward (6 August 1928 – 15 April 2010) was an Australian jurist. Woodward was born in Ballarat in to Eric Woodward (later as Lieutenant General Sir Eric Woodward, a Governor of New South Wales) and Amy Freame Weller. After completing both his primary and secondary education at Melbourne Grammar School, Woodward continued his studies at the University of Melbourne, where he graduated with a Master of Laws. He was admitted to the bar in 1951 and was appointed a Queen's Counsel in 1965. During his career, he sat on several boards and 17 Royal Commissions, on four of which he was the Chairman. The most famous of these was the Aboriginal Land Rights Commission in 1973–74. He was President of the Trade Practices Tribunal 1974–76 and a Justice of the Federal Court of Australia 1977–90. As Director-General of Security between 1976 and 1981, he headed the Australian Security Intelligence Organisation. He was a member of Camberwell Grammar School Council ...
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Djapu
Aboriginal Australian kinship comprises the systems of Aboriginal customary law governing social interaction relating to kinship in traditional Aboriginal cultures. It is an integral part of the culture of every Aboriginal group across Australia, and particularly important with regard to marriages between Aboriginal people. The subsection system Subsection systems are a unique social structure that divide all of Australian Aboriginal society into a number of groups, each of which combines particular sets of kin. In Central Australian Aboriginal English vernacular, subsections are widely known as "skins". Each subsection is given a name that can be used to refer to individual members of that group. Skin is passed down by a person's parents to their children. The name of the groups can vary. There are systems with two such groupings (these are known as ' moieties' in kinship studies), systems with four (sections), six and eight (subsection systems). Some language groups exten ...
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Rirratjingu
The Dangu (Dhaŋu, Dhangu) are an Aboriginal Australian people of Arnhem Land, in the Northern Territory, one of many Yolŋu peoples. They are, according to Norman Tindale, to be carefully distinguished from the Djaŋu. Two prominent clans of the Dangu are the Rirratjingu and Galpu clans. Country The extent of Dangu territory could not be established by Tindale, who located them in the general area of Yirrkala Mission, Cape Arnhem, Melville Bay, and Port Bradshaw. Social organisation Like all Yolŋu societies, the Dangu, identified as a grouping of clans (''mala'') sharing similar dialects, were organised according to the ''Dhuwa'' and ''Yirritja'' (''Jiritja'') moieties. Their ethnonymic identity as a unified group was based on their common word for the demonstrative pronoun "this." They are divided into six clans according to which moiety they belong to, of four Dua, and six Yirritja. The Dua moiety: * 1. ''Galpu'' (Gälpu, Galbu, Kalpu). * 2. ''Golumala.'' * 3. ''Ngajimi ...
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Aboriginal Australian Elder
Australian Aboriginal elders are highly respected people within Australia and their respective Aboriginal and Torres Strait Islander communities. An Elder has been defined as "someone who has gained recognition as a custodian of knowledge and lore, and who has permission to disclose knowledge and beliefs". They may be male or female, and of any age, but must be trusted and respected by their community for their wisdom, cultural knowledge and community service. Elders provide support for their communities in the form of guidance, counselling and knowledge, which help tackle problems of health, education, unemployment and racism, particularly for younger people. They may be distinguished as one of two types: Community Elders and Traditional Elders. Elders play an important role in maintenance of culture, songs, oral histories, sacred stories, Aboriginal Australian languages, and dance, and are also educators who demonstrate leadership and skills in resolving conflicts. Elders also ...
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Milirrpum Marika
Milirrpum Marika (1923 – 7 November 1983), also known as Jacky and also referred to simply as Milirrpum, was a Yolngu artist and community leader from East Arnhem Land, Northern Territory of Australia. He was best known for his involvement in the landmark court case ''Milirrpum v Nabalco Pty Ltd'' (1971), aka the Gove land rights case, which was the first significant legal case for Indigenous land right and native title in Australia and led to the federal ''Aboriginal Land Rights (Northern Territory) Act 1976''. He was the younger brother of artists and activists Mawalan 1 Marika and Mathaman Marika, with Roy Dadaynga Marika being the next youngest, and there was also a sister, Dhunggala. The family belongs to the Rirratjingu clan of the Dhuwa moiety, and lived at Yirrkala Yirrkala is a small community in East Arnhem Region, Northern Territory, Australia, southeast of the large mining town of Nhulunbuy, Northern Territory, Nhulunbuy, on the Gove Peninsula in Arnhem ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ...
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