Aboriginal Australia When Australia was first settled in 1788 the international law of terra nullius was applied. ... In the Federal Court of Australia the Wik people took action against the State of Queensland and the Commonwealth government claiming native title of land and water in northern Queensland. ... Both the State and Federal governments were displeased with the majority Wik decision as they had presumed that pastoral leases held clear precedence over native title. ... The United Nations condemned this amendment amongst others as the changes benefited governments and non-Indigen...

• Word Count: 1393
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

Aboriginal occupation of Australia Archaeologists and prehistorians have dated the presence of Aboriginal people in Australia back about 50,000 years. It has been estimated that between 300,000 and 750,000 Aboriginal people were living in Australian in 1788. ... In its 1992 decision in Mabo v QLD (No 2), the High Court rejected the doctrine that Australia was 'terra nullius', but held that Australia was a settled colony in which the common law recognised native title to land. ... Sovereignty adverse to the Crown does not reside in Aboriginal people, nor do they have limited sover...

• Word Count: 2257
• Approx Pages: 9
• Grade Level: Undergraduate

Ever since its establishment by the Australian Constitution in 1901 the High Court of Australia has had a huge impact on the operation of both the political and legal systems in Australia. The Australian political and legal system has been impacted through different means. ... Hence through section 51(29) the Tasmanian Government was unable to touch the land in which they had intended on. ... Western Australia then tried to avoid this High Court ruling by legislative means. ... At the same time as the Western Australian Act, the Keating Labor Government passed the Native Tittle Act (1993) th...

• Word Count: 1458
• Approx Pages: 6
• Grade Level: Undergraduate

The Collins Dictionary describes the judiciary as "the branch of Government concerned with justice and the legal system". ... "It is the publics right to scrutinize and debate the conduct of our politicians" (The Australian, 2002) so perhaps this could be the case with judges as well. ... (The Australian, 2002) Many of these problems and more are however only based on media stereotypes and could be rectified. ... Let the Public Judge the Justice System, 2002, The Australian, 30 April. 3. ... (ed) 1995, Collins Australian School Dictionary, HarperCollins Publishers, Sydney. ...

• Word Count: 1268
• Approx Pages: 5
• Grade Level: High School

One must not forget that the laws that we all abide by are a product of our society, and therefore reflect views that are inherent in our present ideology (Dufty et al: 8) The nature of labour law in Australia is that it is indicative and punitive in that it sets out guidelines for which employers and employees to follow, and has punishments for failure to adhere to these guidelines. ... This is governed by statute or "government made" law, otherwise known as legislation. ... This can be remedied easily enough, through a third party's rulings, (which both the employer and the employe...

• Word Count: 2004
• Approx Pages: 8
• Has Bibliography
• Grade Level: Undergraduate

Under English common law there is a presumption of innocence with the onus on the prosecution to prove guilt beyond a reasonable doubt, only on the basis of admissible evidence. The accused has a right to a trial by jury with legal representation. The underlying principle of the English system of la...

• Word Count: 2453
• Approx Pages: 10
• Has Bibliography
• Grade Level: Undergraduate