Aboriginal Law Bulletin --- "News: Mabo v Queensland and the Commonwealth" [1982] AboriginalLawB 63; (1982) 1(6) Aboriginal Law Bulletin 5

• News: Mabo V Queensland And The Commonwealth

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News:

Mabo v Queensland and the Commonwealth

This action was initiated in the High Court in May 1982. The plaintiffs, five Murray Islanders from the eastern Torres Straits, are suing Queensland and the Commonwealth. They assert that their traditional land rights survived colonization in 1879; that they continue today to enjoy common law rights in their islands; and that the defendants must compensate them if their alleged rights have been impaired.

On 28 October, the case came on in Canberra before Deane J for a preliminary hearing. The hearing was in response to a summons issued by Queensland to strike out the plaintiffs' statement of claim as. revealing no cause of action. At the hearing, Queensland did not press its summons which was adjourned sine die. All parties agreed to endeavour to devise an agreed statement of facts, upon which questions of law might be agreed and stated to the Full Court, for determination. Should this procedure succeed, a fact-finding trial would be avoided and the case resolved as expeditiously as possible. Whether facts can be agreed remains to be seen. That all parties have agreed that this procedure should be pursued is seen as. boding well for the plaintiffs.