State of Queensland & Anor v The Commonwealth of Australia

The High Court of Australia heard an application concerning a dispute between the State of Queensland and the Commonwealth of Australia. The proceedings involved an application for remitter of certain factual questions to another court and for further and better particulars to be provided by the Commonwealth.

The legal issues before the Court included the adequacy of particulars provided by the Commonwealth in response to Queensland's request, and the stage at which certain factual questions should be remitted for trial. A further issue was the parties' attempt to agree upon a case stated for the Full Court on a question of law, which, if resolved, could potentially resolve the particulars issue.

The Court was informed that particulars had been provided by the Commonwealth, but Queensland contended they were inadequate in several respects. The Commonwealth indicated that some further particulars would be provided over time, while others would not be supplied, either because they were unavailable or the Commonwealth was unwilling to provide them. The Court was also referred to an affidavit and correspondence between the parties regarding these matters.