Failure To Agree On The Facts

In October 1982, the parties tried to settle on an agreed statement of facts. However it became apparent that no agreement could be reached, so the plaintiffs returned to the High Court.

Finally, on the twenty seventh of February 1986, Chief Justice Gibbs decided that this matter should be referred to the Supreme Court of Queensland; Justice Moynihan would hear the case.

Meanwhile, the High Court challenge to the 1985 Queensland Act would continue.

The financial strain of running cases in two courts at once was greater than ever. Despite this, the Murray Islanders remained enthusiastic about their claims.