Native Title & Torrens

Question 1

Mabo v Queensland (No 2) (1992) — held?

Accepted Answer

The common law of Australia recognises native title; the doctrine of terra nullius was rejected. (Source: (1992) 175 CLR 1)

Question 2

Which Act responded to Mabo?

Accepted Answer

The Native Title Act 1993 (Cth). (Source: Native Title Act 1993 (Cth))

Question 3

Wik Peoples v Queensland (1996) — held?

Accepted Answer

The grant of pastoral leases did not necessarily extinguish native title; where rights conflict, the pastoralist's rights prevail. (Source: (1996) 187 CLR 1)

Question 4

Where and when was the Torrens system introduced?

Accepted Answer

South Australia, by the Real Property Act 1858 (SA), promoted by Robert Torrens. (Source: Real Property Act 1858 (SA))

Question 5

Breskvar v Wall (1971) — principle?

Accepted Answer

Immediate indefeasibility: a person who becomes registered, even under a void instrument, obtains indefeasible title (absent fraud). (Source: (1971) 126 CLR 376)

Question 6

Bahr v Nicolay (No 2) (1988) — significance?

Accepted Answer

Recognised the in personam exception: a registered proprietor can be bound by personal equities arising from their own conduct. (Source: (1988) 164 CLR 604)

1.Mabo v Queensland (No 2) (1992) — held?

2.Which Act responded to Mabo?

3.Wik Peoples v Queensland (1996) — held?

4.Where and when was the Torrens system introduced?

5.Breskvar v Wall (1971) — principle?

6.Bahr v Nicolay (No 2) (1988) — significance?