treaty, whatever its merits, as the British government did not recognise Aboriginal title to the land. This in effect made any potential settlers trespassers, although the governor recognised the need for further action and recommended the establishment of a township and land sales. Batman and the Rebecca had already sailed on the return journey, but spent several weeks at a temporary site at Indented Head. When they returned to the Yarra River site on 2 September, they found the area already occupied by an independent expedition financed by a Launceston businessman, John Pascoe Fawkner, which had landed on 30 August. The two groups eventually agreed to cooperate in distributing the land in the area, but the sequence of events would provide room for future debate over the credit for Melbourne's founding. Unlawful occupation While the government in London was deciding what steps it should take in relation to the unlawful occupation of this remote and unsettled part of the existing colony of New South Wales, other settlers from Van Diemen’s Land followed suit, and soon Port Phillip became inundated with stock, squatters and servants, including escaped convicts. Conflict with the local Aboriginal peoples followed. Governor Bourke was authorised to establish a settlement in April 1836, and the town of Melbourne was surveyed and laid out in 1837. Sale and dissolution The claims of the Port Phillip Association were only recognised to the extent of £7,000, allowed as a reduction on the purchase price of land bought by the association at public auction on 14 February 1839. Most of the members sold out to Charles Swanston, and the name was changed to the Derwent Company before being dissolved in 1842. The obligations under Batman’s treaty to feed and clothe the Aboriginal peoples were assumed by the New South Wales colonial government, although proper protection was not afforded, especially in the remote parts of the colony. See also History of Melbourne References Southern invasion-northern conquest: story of the founding of Melbourne: by Rex Harcourt. Golden Point Press, 2001 A History of The Port Phillip District: Victoria before Separation. by A.G.L. Shaw. Melbourne University Press, Melbourne 1992 External links Companies established in 1835 Defunct investment companies of Australia History of Melbourne 1835 establishments in Australia