Mabo and Ors v Queensland No 1 1988 (HCA)

Question 1

Summary

Answer 1

Mabo and others in the Meriam community laid claim to the Murray Islands as they had a connection with the land.

Question 2

Relevant parts of Law

Answer 2

QLD pre-empted and passed an Act that made them crown land (Queensland Coast Islands Declaratory Act 1985).

Question 3

Issue

Answer 3

Mabo claimed that the QLD act was discriminatory as per the Racial Discrimination Act 1975.

Question 4

Key Outcome

Answer 4

HC held that the Acts were valid in power (intra vires) but inconsistent - therefore Commonwealth prevails under s109 of the Constitution