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Mugwump wrote:.....I would support offsetting that by cancelling the Queen's birthday holiday, which seems to me a real anachronism. Britain does not have a Queen's birthday holiday, interestingly.
God no. In Vic it's the only public holiday between Anzac Day / Easter & late September early October
Then again I'd support a "Harvester Judgement" day in winter.
The Mabo judgement was handed down on 3rd June. Just sayin'. On the other point, you've got Labour Day already, comrade.
Thank you Counsel, I'll cede to your superior knowledge of the law and it's workings.
However, I'm pretty sure that the info I read, not on Austlii, certainly gave the "vibe" that the settlement was considered peaceful (obviously relatively so) and that Conquest and Invasion would have essentially wiped out any claim to native title and changed the application of common law as it now applies.
You have the consequences of conquest and settlement of unoccupied territory back to front. In the case of a conquest, there are pre-existing local laws and those continue (provided that they are not inimical to the principles of law of the new sovereign), unless and until abrogated by the new sovereign.
That was the entire reason for the legal fiction of the expanded doctrine of terra nullius - if a territory is uninhabited, the new sovereign's laws apply, unmodified; if it is inhabited and conquered, there is a question about the recognition of the existing laws of the "old" inhabitants. Saying, in substance, that the "old" inhabitants are really just savages with no cognizable system of law, so that a land is "practically uninhabited". enables a subjugating power to ignore the rights of the subjugated people under their own prior system of social organisation. The first sentence of paragraph 68 of the report to which you've linked more or less makes the point (although it should be stressed that it is published 6 years before Mabo 2 was decided, so it needs to be approached with a little caution). You will have seen discussion in Mabo 2 of the Case of Tanistry - that concerned the question of the extent to which Irish property law should continue to apply once the English had conquered Ireland.
When Collingwood and Essendon supporters start performing routine acts of genocide against the supporters of the clubs "dispossessed" of Anzac Day, it will certainly be possible to link the two issues in that way.
After having to follow yet another Super Bowl by snatching scores between submissions, I'm even more certain that we should shift the date to the first Monday in February To Show Solidarity With Our American Friends.
