milirrpum v nabalco decision

at 167. Nabalco was formed from a consortium including the Swiss-based Alusuisse (70%) and the Australian company CSR Limited. The case is notable for recognising the pre-colonial land interests of Indigenous Australians within Australia's common law. Ltd. Milirrpum v. Nabalco Pty. Ltd., Aboriginal groups tried to use this constitutional limitation almost . In 1992 the High Court delivered its historic judgment in Mabo v Queensland (No 2)[1992] HCA 23; (1992) 175 CLR 1("Mabo") which overruled Milirrpum and held that the common law recognises a form of native title, subject to any extinguishment arising from legislation or executive action (e.g. Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141. CONST. However it must be stressed that the Milirrpum case was decided by a single judge in the Northern Territory Supreme Court and was not appealed to the High Court of Australia. However, in Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141, in which the only comprehensive account in the Anglo-Australian jurisprudence to examine this issue prior to the 1992 Mabo . By Osca Monaghan. In Mabo (No 2), the Milirrpum decision was heavily referenced and Blackburn J's reasoning was ultimately overturned. 11 LIBBY, supra note II, at 55-85 (detailing the specific 1980s campaign the mining industry . Gove Land Rights Case. Walker v NSW (1994) 182 CLR 45 . is generally regarded as settled, a legal principle laid down in Cooper v Stuart7 in 1889 and followed by Blackburn J in Milirrpum v Nabalco Pty Ltd in 1971. In an attempt to protect their sacred sites, the Yolngu people challenged the validity of leases granted by the Commonwealth to a mining company. Morphy points to an untitled painting by Mawalan Marika, one of the works shown at the Gove land rights case, Milirrpum v Nabalco Pty Ltd, in 1971. Justice Burton argued a transfer of property is the bundle of rights. Trove is a collaboration between the National Library of Australia and hundreds of Partner organisations around Australia. In an attempt to protect their sacred sites, the Yolngu people challenged the validity of leases granted by the Commonwealth to a mining company. Property Value; dbo:abstract 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. However the AIATSIS Library holds Milirrpum v. Nabalco Pty Ltd and the Commonwealth of Australia (Gove Land Rights Case): a claim by Aborigines that their interest in certain land had been invaded unlawfully by the defendants: judgment of the Honourable Mr Justice Blackburn. First Published 2021. eBook Published 28 June 2021. Download Download PDF. Judgment: Eddie Synot and Roshan de Silva-Wijeyeratne. The Gove Case After four years of trying to stop bauxite mining on the Gove Peninsula, the Yolngu people took the Federal Government, and the Nabalco Mining Company, to the Northern Territory Supreme Court. ON THIS DAY in 1971, Blackburn J of the Nothern Territory Supreme Court delivered Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141. Australia. 9 This position was supported by the decision in Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141; [1972-73] ALR 65 which is discussed in Part 1, text immediately following nn 220ff. COMMENT: While the decision led to the recognition 3 (1986, Stanford University Press) opposite . Blackburn J stated that: If ever a system could be called 'a government of laws, and not of men', it is that shown to me in the evidence before me and Nabalco Pty. Rejection of terra nullius: The decision recognised that the indigenous population had a pre-existing system of law, which, along with all rights subsisting thereunder, would remain in force under the new sovereign except where specifically modified or extinguished by legislative or executive action. Strictly speaking, there was only one case: Milirrpum, which had been presided over by Blackburn J of the Supreme Court of the Northern Territory. . Millirpum v Nabalco Pty Ltd, also known as the famous Gove Land case basing on the factor that the mains subject of the case was on land, which was identified as the Gove Peninsula in the Northern Territory. 1971 " The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) enters into force. Case: Milirrpum v Nabalco (1971) Facts: The Federal Government granted mining leases to the defendant without consulting the plaintiffs, Aboriginal people. the decision of justice richard blackburn ruled against the claimants on a number of issues of law and fact, rejecting the doctrine of aboriginal title recognizing 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 Ltd (1971) 17 FLR 141.,, Id. Traditional View was the Terra Nullius Doctrine. What Blackburn J said in Milirrpum v Nabalco was similar to what had already been said by Stephen CJ in Attorney General v Brown [1847] 1 Legge 312 and in a long line of authority prior to the Milirrpum decisionthat is, that the Crown acquired absolute title to all lands in the Australian colonies at the time they were settled. Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141: Category: Case Law: Sub Category: Case Law | Litigated Determination: Place: . (No 2), the Milirrpum decision was heavily referenced and Blackburn J's reasoning was ultimately overturned. Commentary: Tanya Mitchell and Amanda Porter. society. In an attempt to protect their sacred sites, the Yolngu people challenged the validity of leases granted by the Commonwealth to a mining company. Lane, supra note 8, at 50. another example is found in the definition of "ownership" in art. 113 . It effectively overturned the doctrine of "terra nullis" infavor of the common law doctrine of Aboriginal title, and overruled Milirrpum v Nabalco Pty Ltd (1971), anopposing decision of the Supreme Court of the Northern . In the case of Milirrpum v. Nabalco Pty. Bringing Indigenous Voices into Judicial Decision Making. [12] comparatively recently. Judgment: Amanda Porter and Tanya Mitchell By Eddie Synot . In March 1970 the substantive case Milirrpum and Others v Nabalco Pty Ltd and the Commonwealth of Australia began in the Supreme Court of the Northern Territory. Milirrpum v. Nabalco Pty. Ltd. Milirrpum v. Nabalco Pty. In an attempt to protect their sacred sites, the Yolngu people challenged the validity of leases granted by the Commonwealth to a mining company. It effectively overturned the doctrine of "terra nullis" infavor of the common law doctrine of Aboriginal title, and overruled Milirrpum v Nabalco Pty Ltd (1971), anopposing decision of the Supreme Court of the Northern . Milirrpum Marika (c.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 . Commentary: Eddie Synot and Roshan de Silva-Wijeyeratne. I. Robert van Krieken. Justice Blackburn ruled against the Yolngu claimants on a number of issues, rejecting the doctrine of Aboriginal Title in favor of terra nullius.His ruling says a great deal about the Balanda (white people, European) concept of 'private property' and the . It is argued that, as a legal concept, radical title is a bare legal title which does not automatically confer beneficial ownership of the land to which it relates. Mabo v Queensland (No 2) common law doctrine of aboriginal title , and overruled Milirrpum v Nabalco Pty Ltd ( 1971 ), a contrary decision of the Supreme Court . 3. 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. Eddie had read Justice Blackburn's decision in Milirrpum v Nabalco. lOMoARcPSD|7729837 Property case briefs Property Law (Macquarie University) StuDocu is not sponsored or endorsed by any college In August 2002, ten years after Mabo, the High Court of Australia gave judgment in WA v Ward, the case In this Australian case Justice Blackburn said a property implies the right to use or enjoy, the right to exclude others and the right to . Location London. What is the connection between Blackstone's definition of property (discussed in week 1) and Blackburn J's decision in Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141? Supreme Court. In 1971, Blackburn J. of the Supreme Court of the Northern Territory rejected the concept in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case"). He thought Blackburn got it wrong. 19 This confusion emerged in the Wi Parata line of cases (esp Wi Parata v Bishop of Wellington (1877) 3 NZJur(NS)SC 72), persisted through such decisions as Re Ninety-Mile Beach [1963] NZLR 461, and only began to be clarified in Te Weehi v Regional Fisheries Officer [1986] 1 NZLR 680. 1 See Milirrpum v Nabalco Pty Ltd (1970) 17 FLR 141 at 267 (Blackburn J). Plaintiff Milirrpum (head of the Rirratjingu clan), plaintiff Munggurrawuy (head of the Gumatj clan) and plaintiff Daymbalipu (head of the Djapu clan) brought the action on . University of Miami International and Comparative Law Review Volume 22 Issue 2 Volume 22 Issue 2 (Spring 2015) Article 6 5-1-2015 Native Title in Australia and South Africa: A Search for Something From Milirrpum to Mabo: the High Court, Terra Nullius and Moral Entrepreneurship. Amazingly, there had been only one prior Australian case in which the issues had been fully argued: Milirrpum v Nabalco Pty Ltd and the Cornm~nwealth~~ (the Gove Land Rights Case). 2 Under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). the Gove land rights case , and formally as Milirrpum v Nabalco Pty Ltd ( 1971 ) 17 FLR 141 , and was presided . Milirrpum V Nabalco Pty Ltd Milirrpum v Nabalco Pty Ltd, (1971) 17 FLR 141 (the "Gove land rights case" ), was the first litigation on native title in Australia. Note, 'Not only is a right to possession a right of property but where the object of proprietary rights is a tangible thing it is the most characteristic and essential of those rights': Minister of State for the Army v Dalziel (1944) 68 CLR 261, 284 (Rich J). Galarrwuy Yunupingu is an influential and highly respected leader in Indigenous affairs and a veteran of land rights struggles. Despite this, the Milirrpum decision had one remarkable feature, a finding of fact that the indigenous Yolngu People had a system of law in 1788 which remained In this decision, Blackburn J of the Northern Territory Supreme Court held that the claim by the plaintiffs that the land was still theirs failed. and Milirrpum,. Essay: Oscar Monaghan. UNSW Law Journal 23(1) 2000: 63-77., 2000. The decision occurred in the context of a reassessment of the position of Aboriginal and Torres Strait Islander peoples within Australian society, increased momentum towards recognition of indigenous rights in common law countries and developing human rights standards in international law. But then he argued that even if the High Court agreed with Blackburn, the case of the Torres Strait Islanders . 2. Cooper v Stuart (1889) 14 App Cas 286. In Milirrpum v Nabalco Pty Ltd,6 better known as the Gove Land Rights Case, his Honour was the first to consider the possibility of native title. Gove Land Rights Case. Edition 1st Edition. and Blackburn, Richard Arthur. V, 51 (xxxi). Milirrpum v Nabalco (1971) - The Gove Land Rights Case Considered whether the rights the Yolgni people had with the land was proprietary in nature It was held: No. At the time Whitlam came to power in 1972, Aborigines in northeast Arnhem Land were reeling from the 1971 Milirrpum v Nabalco case in the Northern Territory Supreme Court, which found that they . As given by Justice Blackburn, the case's decision went against [] and Blackburn, Richard Arthur. The Gove Land Rights case - Milirrpum v Nabalco Pty Ltd, (1971) 17 FLR 141 - was the first litigation on Native Title in Australia. ON THIS DAY in 1971, Blackburn J of the Nothern Territory Supreme Court delivered Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141. The High Court instead decided that Australian common law was capable of recognising native . In this Poll, participants were asked whether . It is evident that there has been a significant change from the position enunciated in Milirrpum v Nabalco Pty Ltd and the Commonwealth (the Gove land rights case) to that in Mabo v Smte of Queens land (No 2) (Mabo (No 2)).' More recently, The Wik Peoples v The Smte of In 1971, the Yolgnu people again petitioned the government in the Milirrpum v Nabalco Pty Ltd land rights case, commonly known as the Gove land rights case. There were signs of this cultural influence in Blackburn's decision of Milirrpum v. Nabalco. decision-making process. Ltd. and the Commonwealth of Australia (Gove land rights case) : a claim by Aborigines that their interests in certain land had been invaded unlawfully by the defendants / Supreme Court of the Northern Territory Law Book Co Sydney 1971 eBook ISBN 9781003174349 Share ABSTRACT Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 was the first case on native title in Australia. The decision of Justice Richard Blackburn ruled against the claimants on a number of issues of law and fact, rejecting the doctrine of Aboriginal title recognizing that in the law of the time of British colonisation of Australia . In this Landmark decision by the Australian High Court the rights of the native people were recognized for the first time. NATIVE TITLE AND MILIRRPUM v NABALCO PTYLTD - THE BLACKBURN JUDGMENT What was the legal precedent facing the High Court when it considered Mabo'l Strictly speaking, there was only one case: Milirrpum, which had been presided over by Blackburn J of the Supreme Court of the Northern Territory. It bases or stands as the first-ever significant case for the Aboriginal people within the Australian Jurisdiction. Nabalco was renamed Alcan Gove Pty Ltd in 2002. The case involved a property transfer scheme for buildings used as magistrates courts. Property was a 'bundle of rights' - necessarily included right to use and enjoy, right to exclude others and the right to alienate. Gove Land Rights Case. a grant of freehold). 4 In the decision of Milirrpum v Nabalco Pty Ltd, Blackburn J found that the system of land-holding and kinship rules of the North-East Arnhem Land people constituted a system of laws. I. Mabo v Queensland (No 2) (commonly known as Mabo) is a decision of the High Court of Australia, decided on 3 June 1992. This . 16 T Rowse, After Mabo: Interpreting Indigenous Traditions , Melbourne University Press (1993) p1; see also 10 Mabo, above n 6, at CLR 45-52 per Brennan J; 80, 81, 102-4 per Deane and Gaudron; 180 per Toohey J; 122-3 per Dawson J. " The Supreme Court of the Northern Territory upholds the Privy Council's decision in Cooper v Stuart (1889) in Milirrpum v Nabalco Pty Ltd, in a decision known as the Gove Case. Milirrpum v Nabalco Pty Ltd [1] (the 'Gove land rights case') was the first litigation on native title in Australia. DECISION: The Murray Islanders were entitled to possession, occupation, use and enjoyment of their lands, as Australia at the time of English settlement was not terra nullius, overruling the decision of Blackburn J in Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141. The concept of property Milirrpum v Nabalco case was effectively overruled by Mabo v Queensland (No 2) on the issue of whether there is a doctrine of customary native title in Australian law, but Justice Blackburn's discussion of what amounts to property remains interesting. By Nicole Watson, Heather Douglas. ch. Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 . In a 1971 Supreme Court decision, Australia had been ruled as Terra Nulius or 'nobody's land', but this was later overturned in the Mabo decision of 1992, recognising Aboriginal rights to the land ( Milirrpum v Nabalco Pty Ltd, 1971; Eddie Mabo & Others vs the State of Queensland, 1992). Mabo v Queensland (No 2) (1992) was the foundational case for native title in Australia. . ON THIS DAY in 1971, Blackburn J of the Nothern Territory Supreme Court delivered Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141. Pub. This Paper. The people alleged that they held a common law . the Gove land rights case , and formally as Milirrpum v Nabalco Pty Ltd ( 1971 ) 17 FLR 141 , and was presided . Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141. View property-case-briefs.pdf from LAWS 2200 at Macquarie University . Australia did not experience native title litigation until the 1970s, when Indigenous Australians (both Australian Aborigines and Torres Strait Islanders) became more politically active. In spite of Blackburn's obvious goodwill and best intentions to grasp the very complicated Aboriginal land system, he was basically incapable of 15 Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 (" Milirrpum "). A The plaintiffs in Milirrpum v. Nabalco Pty Ltd had apparently only ~:!t compelled, or perhaps able, to assert what they believed to be their 'l~hts. Justice Blackburn ruled against the Yolngu claimants on a number of issues, rejecting the doctrine of Aboriginal Title in favor of terra nullius. 18 See Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 at 223. Ltd. and the Commonwealth of Australia : (Gove land rights case) : a claim by aborigines that their interests in certain land had been invaded unlawfully by the defendants by Northern Territory ( Book ) 8 editions published between 1970 and 1971 in English and held by 40 WorldCat member libraries worldwide The Northern Territory Supreme Court acknowledged the Yolgnu people's ongoing relationship with the land and their complex system of laws to govern the land. 142 (2006) 13 Australian Property Law . Gove Land Rights Case. and Milirrpum,. A short summary of this paper . In this Landmark decision by the Australian High Court the rights of the native people were recognized for the first time. [19] Milirrpum v Nabalco (1971) 17 FLR 141, 171 ON THIS DAY in 1971, Blackburn J of the Nothern Territory Supreme Court delivered Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141. Milirrpum mod Nabalco Pty Ltd, ogs kendt som Gove- landrettesagen,fordi dens emne var jord kendt som Gove-halven i det nordlige territorium, var den frste retssag om indfdt titel i Australien og den frste vigtige juridiske sag for aboriginale jordrettigheder i Australien, besluttet den 27. april 1971.. Afgrelse truffet af retfrdighed Richard Blackburn regerede imod Yolngu . It was, for instance, an important factor in his find ings on the Aboriginal land tenure system. In particular: 'as indigenous renaissances are emboldened, as they create momentum, the reaction/resistance to the singular f Milirrpum v Nabalco Pty Ltd (1971) 35 universalising discourses of the coloniser reflects their anti-pluralism. The claim revisits the same Commonwealth actions that gave rise to the Bark Petition and the Gove Land Rights Case - Milirrpum v Nabalco. In 1992 the doctrine of terra nullius confirmed in Milirrpum v Nabalco was overruled by the High Court in Mabo v Queensland (No 2), which recognised the Meriam people of Murray Island (Mer) in the Torres Straits as native title holders over part of their traditional lands. Abstract .
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