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There were five key issues of importance to legal precedent in the Mabo decision for the recognition of Indigenous peoples’ rights in Australia: During the same year the Western Australian government sought to preempt the Commonwealth by preparing their own legislation to extinguish all native title in the State.
Native title was to be replaced by ‘traditional land use’ statutory access rights.
The Chief Justice, Sir Harry Gibbs sent the case to the Supreme Court of Queensland to hear and determine the facts of the claim on 27 February 1986.