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Native Title In Australia
Native title is the set of rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of '' Mabo v Queensland (No 2)'' in 1992. The doctrine was subsequently implemented and modified via statute with the '' Native Title Act 1993''. The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title and sovereignty to the land by the Crown. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land. The Federal Court of Australia arranges mediation in relation to claims made by Aboriginal and Torres Strait Islander peoples, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Title
Aboriginal title is a common law doctrine that the Indigenous land rights, land rights of indigenous peoples to customary land, customary tenure persist after the assumption of sovereignty to that land by another Colonization, colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is Alienation (property law), inalienable, and that it may be held Individual and group rights, either individually or collectively. Aboriginal title is also referred to as indigenous title, native title (Native title in Australia, in Australia), original Indian title (Aboriginal title in the United States, in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney-General Of Australia
The attorney-general of Australia (AG), also known as the Commonwealth attorney-general, is the minister of state and chief law officer of the Commonwealth of Australia charged with overseeing federal legal affairs and public security as the head of the Attorney-General’s Department. The current attorney-general is Michelle Rowland, who was chosen by prime minister Anthony Albanese in May 2025 following the 2025 federal election. By convention, the attorney-general is a lawyer. The attorney-general is one of only four positions in the Commonwealth Government to have continuously been held since federation, along with the prime minister, the minister for defence and the treasurer. History The attorney-general is nearly always a person with legal training, and eleven former attorneys-general have received senior judicial appointments after their ministerial service. Billy Hughes was the longest-serving attorney-general of Australia, serving for thirteen and a half year ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal Cases Law Reports
A or is a compilation of judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequent cases. Historically, the term "reporter" was used to refer to the individuals responsible for compiling, editing, and publishing these opinions. For example, the Reporter of Decisions of the Supreme Court of the United States is the person authorized to publish the Court's cases in the bound volumes of the ''United States Reports''. Today, in American English, "reporter" also refers to the books themselves. In Commonwealth English, these are described by the plural term "law reports", the title that usually appears on the covers of the periodical parts and the individual volumes. In common law jurisdictions, such as the United States, the doctrine of '' stare decisis'' ("to stand by things decided") requires courts to follow precedent by applying ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Aboriginal Culture
Australian Aboriginal culture includes a number of practices and ceremonies centered on a belief in the Dreamtime and other mythology. Reverence and respect for the land and oral traditions are emphasised. The words "law" and "lore", the latter relating to the customs and stories passed down through the generations, are commonly used interchangeably. Learned from childhood, lore dictates the rules on how to interact with the land, kinship and community. Over 300 languages and other groupings have developed a wide range of individual cultures. Aboriginal art has existed for thousands of years and ranges from ancient rock art to modern watercolour landscapes. Traditional Aboriginal music developed a number of unique instruments, and contemporary Aboriginal music spans many genres. Aboriginal peoples did not develop a system of writing before colonisation, but there was a huge variety of languages, including sign languages. Oral tradition Cultural traditions and beliefs as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powers are established in the country's constitution. Veto powers are also found at other levels of government, such as in state, provincial or local government, and in international bodies. Some vetoes can be overcome, often by a supermajority vote: Veto power in the United States, in the United States, a two-thirds vote of the United States House of Representatives, House and United States Senate, Senate can override a presidential veto.Article One of the United States Constitution#Clause 2: From bills to law, Article I, Section 7, Clause 2 of the United States Constitution Some vetoes, however, are absolute and cannot be overridden. For example, United Nations Security Council veto power, in the United Nations Security Council, the five per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possession (law)
In law, possession is the exercise of dominion by a person over property to the exclusion of others. To possess something, a person must have an intention to possess it and an apparent purpose to assert control over it. A person may be in possession of some piece of property without being its owner. The possession of property is commonly regulated under the property law of a jurisdiction. Intention to possess An intention to possess (sometimes called ''animus possidendi'') is the other component of possession. All that is required for this criterion is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a question of fact that can be proven by acts of control and surrounding circumstances. It is possible to intend to possess something and to actually possess it without knowing that it exists. For example, someone who intends to possess a suitcase also intends to possess its contents even if they are unknown. It is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Council
Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians (both Aboriginal Australians and Torres Strait Islander people) who occupied their particular region before the arrival of European settlers. They have historically advocated for recognition of traditional land rights, and also for the rights of Indigenous people in other areas such as equal wages and adequate housing. Land councils are self-supporting, and not funded by state or federal taxes. The first land councils were created in the Northern Territory under the ''Aboriginal Land Rights Act 1976'', with the states later creating their own legislation and system of land councils. Aboriginal land trusts (ALTs) were also set up under the Act, which hold the freehold title to the land granted under the Act. There are 151 Aboriginal land trusts, holding nearly 50 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Land Rights Act 1976
The ''Aboriginal Land Rights (Northern Territory) Act 1976'' (ALRA) is Australian federal government legislation that provides the basis upon which Aboriginal Australian people in the Northern Territory can claim rights to land based on traditional occupation. It was the first law by any Australian government that legally recognised the Aboriginal system of land ownership, and legislated the concept of inalienable freehold title, as such was a fundamental piece of social reform. Its long title is ''An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes''. The Act has been amended 27 times between 1978 and 2021. Significant amendments were the ''Aboriginal Land Rights (Northern Territory) Amendment Act 2006'', and ''Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021.'' History The results of the 1967 Australian referendum meant that the Federal Gover ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Australian Customary Law
Indigenous Australian customary law or Indigenous Australian customary lore refers to the legal systems and practices uniquely belonging to Indigenous Australians of Australia, that is, Aboriginal and Torres Strait Islander people. Background and description Indigenous peoples of Australia comprise two groups with very different histories, ethnicities and customs: Aboriginal peoples and Torres Strait Islanders. Torres Strait Islanders are "strictly monogamous ndmostly church-married". The most notable customary practice differing from usual practice among non-Indigenous Australians is that of adoption, known as '' kupai omasker'', by members of the extended family or friends. The reasons differ depending on which of the many Torres Islander cultures the person belongs to. Most studies have looked exclusively at Aboriginal law and lore, with regard to personal and social customs. Aboriginal customary law developed over time from accepted moral and social norms within Indigeno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Australians
Indigenous Australians are people with familial heritage from, or recognised membership of, the various ethnic groups living within the territory of contemporary Australia prior to History of Australia (1788–1850), British colonisation. They consist of two distinct groups, which include many ethnic groups: the Aboriginal Australians of the mainland and many islands, including Aboriginal Tasmanians, Tasmania, and the Torres Strait Islanders of the seas between Queensland and Papua New Guinea, located in Melanesia. 812,728 people Aboriginality, self-identified as being of Aboriginal and/or Torres Strait Islander origin in the 2021 Australian Census, representing 3.2% of the total population of Australia. Of these Indigenous Australians, 91.4% identified as Aboriginal, 4.2% identified as Torres Strait Islander, and 4.4% identified with both groups. The term Aboriginal and Torres Strait Islander peoples or the person's specific cultural group, is often preferred, though the term ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leasehold Estate
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and after that held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) periodically such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting. The leaseholder can r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freehold (law)
A freehold, in common law jurisdictions or Commonwealth countries such as England and Wales, Australia, Canada, Ireland, India and the United States, is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
