Mabo v Queensland (No 1)

For the more famous case, see Mabo v Queensland (No 2).

Mabo v Queensland (No 1)
CourtHigh Court of Australia
Full case name Mabo and Another v The State of Queensland and Another
Decided8 December 1988
Citations[1988] HCA 69, (1988) 166 CLR 186
Case history
Subsequent actionsMabo v Queensland (No 2) [1992] HCA 23, (1992) 175 CLR 1
Court membership
Judges sittingMason CJ, Wilson, Brennan, Deane, Dawson, Toohey & Gaudron JJ
Case opinions
(4:3) the demurrer would be allowed (per Brennan, Deane, Toohey & Gaudron JJ) (4:1) the Coast Islands Act was inconsistent with s10 of the Racial Discrimination Act 1975 and was thus invalid (per Brennan, Deane, Toohey & Gaudron JJ; Mason CJ & Dawson J not deciding)

Mabo v Queensland (No 1),[1] was a significant court case decided in the High Court of Australia on 8 December 1988. It found that the Queensland Coast Islands Declaratory Act 1985,[2] which attempted to retrospectively abolish native title rights, was not valid according to the Racial Discrimination Act 1975.[3]

  1. ^ Mabo v Queensland (No 1) [1988] HCA 69, (1988) 166 CLR 186 (8 December 1988), High Court.
  2. ^ Cite error: The named reference :0 was invoked but never defined (see the help page).
  3. ^ Cite error: The named reference :1 was invoked but never defined (see the help page).