This is an NFSA Digital Learning resource. See all Digital Learning websites.
Mabo home
...No Agreement...
...No Agreement..., 1982-1985


'A brief hearing was held before Justice Deane in the High Court in October 1982, when it was agreed that the plaintiffs (the Murray Islanders) would draw up a statement of facts. Once the facts were agreed upon, the legal issues could be determined by the High Court. Preparation of their statement of facts was completed by the plaintiffs after many months of work, following which intermittent negotiations were held with Queensland in an effort to reach an agreement on the facts... As Greg McIntyre wrote of this phase of the case: 'When it became apparent that no agreement could readily be reached with Queensland, the plaintiffs took the matter back to the Court for directions.' On 27 November 1984, Chief Justice Gibbs heard the application in Chambers and remarked on the importance of the case. He ordered that the plaintiffs statement of facts (which comprised four volumes of information) become particulars and further particulars of an amended statement of claim. The plaintiffs were to deliver this amended statement of claim on or before 19 December 1984, and Queensland and the Commonwealth were to deliver their respective defenses to it by 5 February 1985.'
Keywords: claim, Deane, Sir William, Gibbs, Chief Justice, High Court of Australia, McIntyre, Greg, No Ordinary Judgement, plaintiffs, Queensland, 1982-1985

Sharp, Nonie 1996, 'No Ordinary Judgement', Aboriginal Studies Press, p 31. Still: Sir William Deane. Courtesy of High Court of Australia.
Author: Kenna, Jonathan