On the basis that he believed he has purchased it from the First Nations peoples.

On the basis that it was to be treated as uninhabited territory

Because he had not observed any First peoples at all 

Because he believed it was conquered land

Was so different to what Cook was used to, he could not perceive it as “ownership”

Was similar to British farming from centuries before that, with subsistence crops being raised

Meant that the First Nations peoples had no real legal system, because there was no relationship to the land at all

Resulted in Cook and his crew believing the land had been ceded to them by agreement with First Nations peoples

That if he found any natives, to “conquer the land in the name of His Majesty”

That the land was uninhabited and that therefore British law would become the law of the new continent 

That if he found the land uninhabited, he should “take Possession for His Majesty” 

That the First Nations peoples were to be treated “as though they were British Subjects”

Australia was declared Conquered Land. There was not an existing legal system recognised by the British.

Australia was declared Terra Nullius. The Indigenous people and their laws were ceded to England through a treaty.

Australia was declared Terra Nullius. Australia was considered empty land with no legal system before English settlement.  

Australia was declared Ceded Land. The Indigenous people and their laws were conquered through war.

To cultivate friendship and alliances with the local inhabitants. Then to conquer the land by declaring, and winning a war in the name of the King of Britain

To take possession of the convenient situations in the country in the name of the King of Britain with the consent of the local inhabitants

With the consent of the local inhabitants, to take possession by immediately establishing a colony in a convenient situation in the name of the King of Britain

To purchase the land in the name of the King of Britain from any local inhabitants at a reasonable price

He did not think First Nations peoples "owned" the land because they were hunters and gatherers and did not cultivate crops or livestock

He saw evidence of a fixed civilisation but thought it was inferior to the British way of life

He recognised that First Nations peoples had laws and legal systems but thought it should be modernised by British law

He observed First Nations peoples cultivating crops and livestock but thought they had no legal system.

The First Nations peoples of Australia had no legal system and thus the UK system was needed to fill the void

Cook made a settlement with First Nations peoples which ceded the land to the UK, thus enabling the UK legal system to be added to Indigenous laws

The first Parliament of Australia was established in Botany Bay

Cook regarded First Nations peoples as being like “wild beasts” without any cultivation of crops or livestock

Conquer the land through war or as a result of a dispute.

Cede the land through a treaty.

Make an agreement with the Indigenous people.

Acquire the land by settlement. 

s 1

s 2

s 3

s 4

'Communications with the Court'

'Criticism of Judges and Freedom of Expression'

'A Mutual Contempt?'

''Emailing Judges and their Staff'