Mabo & Ors v The State of Queensland

The parties to this proceeding before the High Court of Australia were the first-named plaintiff, the second-named plaintiff, the third-named plaintiff (who brought the action on behalf of themselves and members of their respective communities), and the State of Queensland. The dispute concerned claims relating to the land on Murray Island, specifically the nature of the interests held by the Meriam people in that land.

The legal issues before the Court included whether the plaintiffs had standing to bring the action, and importantly, whether the Meriam people held a concept of public or general community ownership of the islands, as opposed to individual or specific group interests. The Court was also required to consider the scope of claims that could be made, particularly in relation to the first-named plaintiff and any claims of ownership by the Meriam people as a community.

The Court was informed that no claims of a separate nature would be made on behalf of the first-named plaintiff, and that the reference to the plaintiff's claim at the beginning of a document should be read as a reference to the plaintiffs Rice and Passi. It was agreed that Mr Mabo made no claim in the Court. The State of Queensland submitted that a claim suggesting ownership of the land by the Meriam people as a community had not been previously made and was not supported by the findings, which indicated no concept of public ownership on the islands. Instead, any interests were vested in particular individuals or specific groups.