The issue of Aboriginal sovereignty can be heard by the High Court, new research has found. Could this be the next Mabo? Dr Olivia Barr explains. episode artwork

EPISODE · Apr 22, 2026 · 25 MIN

The issue of Aboriginal sovereignty can be heard by the High Court, new research has found. Could this be the next Mabo? Dr Olivia Barr explains.

from Justice with Jon Faine · host Melbourne Law School

It has long been a legal truism that the High Court does not have the power to rule on issues of Aboriginal sovereignty, or the right to self-govern. But this idea is based on a legal misunderstanding, argues Associate Professor Olivia Barr.   Further reading from this episode: You can read Olivia’s journal article here Read more about the soco-economic benefits of modern treaties in Canada here Read more about Victoria’s first statewide treaty here Read the Treaty of Waitangi here Cases mentioned in this episode: Coe v Commonwealth [1979] HCA 68; (1979) 53 ALJR 403; (1979) 24 ALR 118 (5 April 1979) Mabo v Queensland (No 2) ("Mabo case") [1992] HCA 23; (1992) 175 CLR 1 (3 June 1992) Justice is a podcast of Melbourne Law School, University of Melbourne. We acknowledge the Wurundjeri Woi Wurrung peoples as the Traditional Owners of the unceded land on which we record, publish, work, learn and live. 

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The issue of Aboriginal sovereignty can be heard by the High Court, new research has found. Could this be the next Mabo? Dr Olivia Barr explains.

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