Mabo & Ors v The State of Queensland

The parties to this proceeding before the High Court of Australia were Eddie Mabo and James Rice, bringing the action on behalf of their respective family groups, as plaintiffs, and the State of Queensland and the Commonwealth of Australia, as defendants. The dispute concerned an application to vary a remitter order previously made by the Chief Justice.

The legal issues before the High Court revolved around the power of Justice Moynihan of the Supreme Court of Queensland to make orders in respect of amendments to the pleadings. Specifically, the Commonwealth sought to have the remitter order varied to clarify Justice Moynihan's authority to permit such amendments, as he had previously taken the view that he lacked the power to do so. This arose after the plaintiffs had sought further amendments to their statement of claim, which had been opposed by the Commonwealth.

The Commonwealth argued that Justice Moynihan had indicated it was necessary to apply to the High Court to vary the remitter order to grant him the power to make amendments to the pleadings. Without this variation, any amendments previously ordered by Justice Moynihan were considered to be of no effect. The plaintiffs' legal representatives sought to be heard on the matter.