Aboriginal Law Bulletin --- "Stop Press: Mabo v Queensland" [1988] AboriginalLawB 60; (1988) 1(35) Aboriginal Law Bulletin 11

• Stop Press: Mabo V Queensland

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Stop Press: Mabo v Queensland

On 8 December 1988 the High Court of Australia gave judgment on plaintiff's demurrer in Mabo v Queensland. The sole question in the proceedings was the effect, if any, of the Queensland Coast Islands Declaratory Act 1985 (Qld) on the plaintiffs claim to traditional land rights.

As Wilson J put it,

"The Queensland Act purports to deny, retrospectively, the survival of those rights after the annexation and to exclude any question of compensation in respect of the loss of them".

Brennan, Deane, Toohey and Gaudron JJ (Mason CJ, Wilson and Dawson JJ dissenting) held that the Queensland Act was invalid for inconsistency with s10(1) of the Racial Discrimination Act, 1975 (Cth). The case to establish the continuance of traditional land rights can now proceed without regard to the Queensland Act.

(A more detailed case note will appear in the next issue of AboriginalLB)