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Happy Australia Day!

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Mugwump 



Joined: 28 Jul 2007
Location: Between London and Melbourne

PostPosted: Mon Jan 30, 2017 10:52 pm
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watt price tully wrote:
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 Wink

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.



Wink

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think positive Libra

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Joined: 30 Jun 2005
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PostPosted: Mon Jan 30, 2017 11:25 pm
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bringing this thread back each year is so fun! its a broken record!!!! hehehehehe, enjoy!
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Pies4shaw Leo

pies4shaw


Joined: 08 Oct 2007


PostPosted: Tue Jan 31, 2017 7:53 am
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stui magpie wrote:
^

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.

Possible I may have misinterpreted.

This is the specific piece I was referring to.

http://www.alrc.gov.au/publications/5.%20Recognition%20of%20Aboriginal%20Customary%20Laws%20at%20Common%20Law%3A%20The%20Settled%20Colony%20Debate/se

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.
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stui magpie Gemini

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Joined: 03 May 2005
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PostPosted: Tue Jan 31, 2017 6:32 pm
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Again, thank you Counsel.
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What'sinaname Libra



Joined: 29 May 2010
Location: Living rent free

PostPosted: Tue Jan 31, 2017 8:27 pm
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think positive wrote:
bringing this thread back each year is so fun! its a broken record!!!! hehehehehe, enjoy!


Australia Day and the annual "ANZAC Day should be shared between other teams" whinge.
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Pies4shaw Leo

pies4shaw


Joined: 08 Oct 2007


PostPosted: Tue Jan 31, 2017 8:50 pm
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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.
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stui magpie Gemini

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PostPosted: Tue Jan 31, 2017 9:01 pm
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^

Unless of course Carlton was one. In which case it wouldn't be genocide, it would be varmint culling

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Pies4shaw Leo

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PostPosted: Tue Jan 31, 2017 9:58 pm
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That goes without saying, Stui!
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HAL 

Please don't shout at me - I can't help it.


Joined: 17 Mar 2003


PostPosted: Tue Jan 31, 2017 10:02 pm
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Is that your final answer?
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Pies4shaw Leo

pies4shaw


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PostPosted: Tue Jan 31, 2017 10:09 pm
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Subject to anything further I may decide to say, yes, absolutely.
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Pies4shaw Leo

pies4shaw


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PostPosted: Mon Feb 06, 2017 8:49 am
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Time to shift it to the first Monday in February.
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Pies4shaw Leo

pies4shaw


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PostPosted: Mon Feb 06, 2017 2:45 pm
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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.
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stui magpie Gemini

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Joined: 03 May 2005
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PostPosted: Mon Feb 06, 2017 6:49 pm
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^

Pass. Gridiron does my head in.

I like watching the highlights but can't watch a game that takes 5 hours to play with the ball actually in play for 10 minutes

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think positive Libra

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PostPosted: Fri Jan 26, 2018 7:54 am
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think positive wrote:
bringing this thread back each year is so fun! its a broken record!!!! hehehehehe, enjoy!


And here we are again! Happy Australia Day!
Bloody happy I’m not dressing up for a ceremony, when the time comes a nice little office with no cameras will do!
Well no way I’m jet skiing with a storm coming and a sprained ankle! Quite Day, hubby working on his race car, apparently I’m going down there to clean the other boat and eat a roast he’s cooking there. Hmm. Not sur3 how that happened! Working on yesterday’s prompt, connection, (probably the dog and the kid) and today’s is coffee! Ah coffee! How do you represent the blessing that coffee is in the morning!

Cheers happy AUSTRALIA Day!

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mandy Sagittarius



Joined: 03 Jun 2001
Location: Glen Iris

PostPosted: Fri Jan 26, 2018 9:56 am
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Happy Australia Day from Bali.

Fair to say we'll be avoiding all the Aussie Pubs around here today!

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