Mabo & Ors v The State of Queensland

The parties to this proceeding before the High Court of Australia were Eddie Mabo, David Passi, and James Rice, who brought the action on behalf of themselves and their respective family groups, as plaintiffs. They were opposed by the State of Queensland, the defendant. The dispute concerned the rights of the plaintiffs in relation to land on the Murray Islands, and the proceedings involved the Solicitor-General for Queensland and the Solicitor-General for the Commonwealth of Australia, who intervened.

The central legal issue before the Court was to determine the ultimate questions arising from the dispute, which had been narrowed to focus on the plaintiffs Passi and Rice following earlier findings. The parties had agreed to pose these ultimate questions for the Full Court, understanding that detailed arguments supporting these questions would be presented in written submissions and oral argument.

The Court was presented with draft questions agreed upon by the parties, which represented the core issues to be determined. The plaintiffs' counsel indicated that while intermediate questions existed, the focus was on these ultimate questions, with the understanding that the Court would be taken to each area of argument. The parties also agreed to provide a document summarising the incidents or elements of the rights in question, framed in terms of the judgment of Mr Justice Moynihan, within a specified timeframe.