Introduction:...There is no doubt that the elation about the overturning of the doctrine of terra nullius was deserved in the sense that the case can be seen as an important legal, symbolic and psychological turning point. In that way, the Mabo case remains a solid reminder that historical wrongs can be righted, that courts can remedy legal fictions and those historically excluded can be brought back into the recognition and protection of the legal system. However, in relation to the substantive benefits delivered by the case, the original excitement of what the case may bring have been sobering and the expectations of what can be delivered by the judgment have evaporated. The compromises made by Indigenous representatives to reach agreement on the Native Title Act 1993 have been seriously undermined by the passing of the Native Title Amendment Act 1998 which was implemented with no consultation with the Indigenous peoples whose interests were vulnerable under the amending legislation. Without getting into the practicalities and difficulties of mounting native title claims, it can be asserted that the regime is hard to navigate, costly and time consuming. It also offers little to many Indigenous people and has created divisions. It has created divisions between Indigenous people in the north west of Australia and in the south east of Australia. It has also created divisions within communities where native title holders are pitted against people who have lived in the community for generations but have their ‘traditional’ lands elsewhere.