Aborigines from more than 40,000 years ago have lived in Australia. However the lives of Indigenous Australians changed in 1770 when European white men took possession of the land. They declared the country “terra nullius”, land owned by no one. It refers not only to uninhabited territory, but also to territory that has no recognisable system of law, or social or political organisation. The concept of terra nullius has had an impact on the indigenous population due to their invasion. Their treatment by the colonists, which involved loss of land, loss of culture and has led to social problems. The terra nullius has had a vast impact on native title claims. Any Aboriginal and Torres Strait Islander community that tried to claim native title needs to prove they are the traditional owners of the land and have connection to it. Aboriginal and Torres Strait Islander people were ‘savages’, with no concept of land ownership. There were no landlords, tenants and no signs to indicate ownership. The British decreed that lands where inhabitants had not created an organised system of government with European laws was to be declared terra nullius. Therefore the British could take the possession of the land and impose their own legal system.