McIntyre, Greg --- "Litigation Update (Mabo and Others v. the State of Queensland and the Commonwealth; Koowarta v. Bjelke-Petersen)" [1986] AboriginalLawB 31; (1986) 1(20) Aboriginal Law Bulletin 2

• Litigation Update
• Mabo And Others V. The State Of Queensland And The Commonwealth
• Koowarta V. Bjelke-Petersen

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Litigation Update

by Greg McIntyre

Mabo and Others v. the State of Queensland and the Commonwealth

On Friday 16 May, lawyers for the Murray Island people visited the Acting Chief Justice of the Supreme Court In Brisbane. He appointed Monday 13 October 1986 as the starting date for the heading of evidence in the Murray Island Traditional Land Claim: Mabo and Others v. the State of Queensland and the Commonwealth.

The hearing will start in Brisbane where documents will be shown to the Court from libraries and archives.

Afer a week or so the case will move to Townsville where Murray Islanders will give evidence.

Lawyers for the Murray Islanders will then ask the Court to travel to Murray Island to see the land and perhaps hear evidence from any witness who may be too sick to travel to Townsville.

The case will then go back to Brisbane where lawyers for all parties will summarise the case.

Mr Justice Moynihan, a Brisbane Judge, has been appointed to hear the evidence. After hearing the evidence he will decide what the facts are and will send his decision back to the High Court in Canberra.

The High Court, probably sometime next year will look at the facts and listen to the lawyers for all parties and then decide on what the law is on the claim of the. Murray Islanders to the land of Murray Island.

In the meantime lawyers for the Murray Islanders will be visiting witnesses at Townsville, Thursday Island and Murray Island during July. It is also expected that the solicitor for the Queensland Government will visit Murray Island before October to talk with Murray Islanders and see the land they are claiming.

Koowarta v. Bjelke-Petersen

This case was to be heard on the 2 May atTownsville but due to various circumstances has now been held back. A hearing date for Brisbane is now trying to be arranged.