LAW1111

What does 'terras nullius' mean in the context of Australian colonization?

'Terras nullius' means 'unoccupied' and was the myth upon which British colonization of Australia was premised.

When did the Commonwealth of Australia come into existence?

The Commonwealth of Australia came into existence on January 1, 1901.

What significant legal recognition did First Nations peoples receive in 1986?

In 1986, the Australian Law Commission report provided some recognition of the customary law of First Nations peoples.

What was the outcome of the Mabo decision in 1992?

The High Court of Australia recognized that native title sourced in the laws and customs of First Nations societies survived the acquisition of sovereignty by the British crown.

What was the Native Title Act 1993, and when did it take effect?

The Native Title Act 1993 was enacted following the Mabo decision and took effect on January 1, 1994.

What change occurred regarding voting rights for First Nations peoples in 1965?

By 1965, First Nations peoples gained the same voting rights as other Australians.

Who appoints federal judges in Australia?

Federal judges are appointed by the Governor-General on the recommendation of the Federal Cabinet.

What is the principle of judicial independence?

Judicial independence is the principle that judges should be free from outside pressure or influence, ensuring fairness and impartiality in the legal system.

What was the pivotal decision in the case of the Speluncean Explorers?

The pivotal decision was about the legality of their actions of cannibalism after being trapped for 32 days.

How did Justice Truepenny view the law in the Speluncean Explorers case?

Justice Truepenny acknowledged the harshness of the law but believed it must be upheld, suggesting executive clemency as a resolution.

What significance does the case of Re Mark hold regarding parental responsibilities in surrogacy?

The case highlighted legal uncertainties around surrogacy and parentage, recognizing Mr. X and Mr. Y as parental figures despite the lack of a clear definition of 'parent' under Australian law.

In Toh v Su, what was the court's judgment regarding the engagement ring?

The court ruled that the engagement ring was an unconditional gift, so Mr. Toh could not demand its return after breaking off the engagement.

In Papathanasopoulos v Vacopoulos, what did the court affirm about engagement rings?

The court affirmed that engagement rings are conditional gifts that must be returned if the engagement is broken.

What is terra nullius in the context of Australian law?

The legal doctrine that land was unoccupied prior to British settlement, suggesting that Indigenous rights did not exist.

What percentage of the total Australian population comprises First Nations peoples?

3.8% of the total Australian population.

What landmark case recognized the survival of native title in Australia?

Mabo v Queensland [No 2] (1992).

What did the Native Title Act 1993 do?

It recognized native title sourced in the laws and customs of First Nations societies.

When did First Nations peoples gain the right to vote in federal elections?

In 1962.

What was the significance of the 'Day of Mourning' protest on 26 January 1938?

It marked Australia Day and highlighted the injustices faced by First Nations peoples.

What does the Uluru Statement from the Heart call for?

Constitutional reforms to empower First Nations peoples and establish a First Nations Voice in the Constitution.

What major event did Prime Minister Kevin Rudd acknowledge on 13 February 2008?

An apology to First Nations Australians for their mistreatment.

What critical perspective does the phrase 'DECOLONISE DONT RECOGNISE' suggest in contemporary discussions?

A focus on achieving true decolonization rather than mere recognition within existing frameworks.

What were the colonial constructs that the Australian Constitution was built upon?

Terra nullius and native savagery.