Background To The Case
The case was closely related to another proceeding in the High Court (Mabo v Queensland (No 2), decided in 1992) which was a dispute between the Meriam people (of the Mer Islands in the Torres Strait) and the Government of Queensland, in which several Meriam people, principally Eddie Mabo, contested that they had certain native title rights over the Murray Islands. In 1985, the Queensland Government passed the Queensland Coast Islands Declaratory Act, which was intended to retrospectively abolish any such native title rights, if they existed.
The Meriam people sought a demurrer to prevent the Queensland Government from relying on the Coast Islands Act in their defence to the main case.
Read more about this topic: Mabo V Queensland (No 1)
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