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, and the third-named plaintiff, who brought the action on behalf of themselves and members of their respective groups, against the State of Queensland. The dispute concerned the legal status of certain land and the potential impact of land grant regimes on the plaintiffs' interests.

The court was required to determine, among other matters, whether the land in question fell within the scope of the *Land Act 1910* (Qld). This determination was crucial as it would affect the applicability of the "DOGIT" regime, a system for managing and granting interests in land. The plaintiffs sought to argue that if the land was not subject to the *Land Act 1910*, then the DOGIT regime could not be applied to it, thereby protecting their interests.

The plaintiffs' submissions indicated a refinement of their arguments regarding the *Racial Discrimination Act 1975* (Cth) and the *Community Services (Torres Strait) Act 1984* (Cth). They sought to delete claims of conflict in respect of certain sections of the latter Act, identifying sections 5(7), 71, and 73 as the relevant provisions pertaining to property management. The central legal issue revolved around whether the land could be the subject of grants under the DOGIT regime, and if not, how that would impact the plaintiffs' asserted interests. The plaintiffs' ultimate aim was to prevent any grants that would affect their interests, particularly if the land was found to be outside the scope of the *Land Act 1910*.