The Agreement between the Plaintiffs and the Commonwealth
When the High Court delivered its judgment in Mabo #1, this agreement was referred to by Wilson J:
'The hearing of the demurrer has proceeded on the assumption that the traditional rights as claimed in the statement of claim do exist unless they have been validly extinguished by the Queensland Act. I should add that it has been expressly agreed by the parties that, if the Queensland Act is held to be a valid law having effect in relation to the traditional rights claimed by the plaintiffs in relation to the land areas the subject of the action, then the plaintiffs undertake that they will not pursue any further proceedings in the action in relation to the land areas and any areas of seas, seabeds, reefs or cays claimed by them in the proceedings, including any waters between the fringing reefs and any land mass.'
'The hearing of the demurrer has proceeded on the assumption that the traditional rights as claimed in the statement of claim do exist unless they have been validly extinguished by the Queensland Act. I should add that it has been expressly agreed by the parties that, if the Queensland Act is held to be a valid law having effect in relation to the traditional rights claimed by the plaintiffs in relation to the land areas the subject of the action, then the plaintiffs undertake that they will not pursue any further proceedings in the action in relation to the land areas and any areas of seas, seabeds, reefs or cays claimed by them in the proceedings, including any waters between the fringing reefs and any land mass.'
Keywords: High Court of Australia, High Court of Australia, Mabo v Queensland No.1, plaintiffs, Queensland Coast Islands Declaratory Act , 1985 , Wilson, Justice, 1988
Source: Mabo v Queensland (1988) 166 CLR 186 at 200.
Author: Kenna, Jonathan
Author: Kenna, Jonathan