This is an NFSA Digital Learning resource. See all Digital Learning websites.
Reception Of English Law
More Information

For some years there was real doubt about the extent to which the laws of England could apply to New South Wales.

The matter was finally resolved in 1828, by a British Act of Parliament which provided that all the laws of England, as at that time, which could be applied to local circumstances, should apply.

This initial inheritance of English law was extended to the other Australian colonies as they became established. But the Act left unclear what the position had been when ships first sailed into Port Jackson in 1788. And it wasn't until many years later, in 1889, that this was resolved as a matter of Common Law by the highest court of appeal for the British Empire; the Judicial Committee of the Privy Council.
Cooper v Stuart
colonialism, colonisation, Cooper V Stuart, crown land, doctrine of tenure, New South Wales, Privy Council, settlements, terra nullius
The Doctrine of Tenures
conquest, property law, terra nullius
Crown Land
colonisation, doctrine of tenure, indigenous Australians, International law, native title, New South Wales, sovereignty, terra nullius
...Territory practically unoccupied...
Australian Court Case, Blackburn, Justice, Cooper V Stuart, doctrine of tenure, Federal Court of Australia, Gove Case, Mabo v Queensland No.2, Milirrpum v Nabalco Pty Ltd, 1971 , mining, Nabalco, Nettheim, Garth, New South Wales, Northern Territory, Privy Council, terra nullius, Yirrkala, Yolgnu
Settled & Conquered Colonies
British law, colonisation, Common Law, terra nullius
The Common Law Of England
British law, colonisation, Common Law