Ok, to use your example. If a group of Indonesian settlers came here with their military, and landed in the bushland around the Hawkesbury and said that they were to act peacefully towards us but proceeded to steal our land. Would you call that just a simple settlement? Also if the plan was to send more and more people, and use military to displace the original inhabitants through force and expand, what would you call that? This was an age of European expansion, as such there was no way that this was the end of the Australian land grab and as such constituted a beachhead.
I understand that the concept of the state didn't exist in pre-colonial days, however you yourself indicated that there were tribal wars over land, which indicates to me the concept of ownership existed (which really is irrelevant, because the English understood the concept of ownership very well). As such considering that Terra Nullis was effectively voided, what other reasonable legal status can be utilised here?
