In 1788 Captain Arthur Phillip sailed into the shores of Australia. He claimed the land terra nullius, an empty or uncivilised land. The Europeans believed that they had rights to the land, as the aborigines did not use the land for farming or housing. During white settlement the aborigines were forced to move into neighbouring lands, fringe camps attached to rural properties or on the outskirts of town. As this occurred they could not fulfil their religious obligations to protect the land and conduct spiritual ceremonies, which was and still is essential to life and the Dreaming. This caused debate among indigenous people who wanted their land back to practise religious obligations, the Australian government and the Australian justice system. .
The most common case and the case that rewrote the Australian common law was Mabo. The Meriam people led by Eddie Mabo were on a crusade to overturn the doctrine Terra Nullius. The Mabo case went to the High Court and the decision was a boost in the struggle for land ownership for the indigenous. It ruled that indigenous ownership of the land had survived where it hadn't been extinguished by a valid act of government and where aboriginal people had maintained traditional law and links to the land. This therefore gave the aborigines rights to the land, which existed before colonisation and in the present. The Mabo outcome was not only a significant step for the Meriam people it was also a giant step for aborigines from all over Australia. For aboriginal people to be able to claim land as theirs, enables them to practise their spirituality, which is a vital part of their lives. In December 1993 the Native Title Act was passed which put into law what the Mabo decision stated and made Native Title possible. Although the Mabo decision was quite important in regard to land ownership it did leave two issues unresolved which included native title rights on pastoral leases and native title rights to the seas.
