Jones and Ors of the Dalungbarabatchala and Ngulungbara People v State of Queensland and Commonwealth of Australia

The case involved John Lee Jones Elder and others of the Dalungbarabatchala and Ngulungbara people, who were trustees by native customary law, as plaintiffs. They sued the State of Queensland as the first defendant and the Commonwealth of Australia as the second defendant. The dispute was about the jurisdiction of the Supreme Court of Queensland regarding submerged lands below low water mark and the boundaries of this jurisdiction.

The court had to decide if it had jurisdiction over submerged lands within three nautical miles of low water mark. The second defendant argued that the court did not have this jurisdiction, while the first defendant argued that it did. Additionally, the court had to determine if it had jurisdiction beyond the three nautical mile limit. The first defendant maintained that the court did not have such jurisdiction, and this was supported by the second defendant.

The court ruled that it did have jurisdiction over submerged lands within three nautical miles of low water mark, rejecting the second defendant's contention. The court also ruled that its jurisdiction did not extend beyond the three nautical mile limit. As a result, the plaintiffs were allowed to amend their writ of summons and statement of claim to restrict their claim to land above low water mark and submerged lands within three nautical miles of low water mark. The second defendant succeeded in setting aside the service of the writ of summons and statement of claim, but it failed in its opposition to the amendment of the plaintiffs’ claim. The second defendant was ordered to pay two thirds of the first defendant's costs of the application.