Plight Of Defendants
From Part 1 of 'The High Court In Mabo' (1995)

Extensive and expensive litigation may be necessary to deal with the problem. This is no difficulty for the Aboriginal groups which will be publicly funded. The cost will amount to millions and may be billions of dollars to be paid for by the tax payer. If industry is asked to bear the main burden, the consequence is that the costs will be passed on to the consumer.

Their opponents (those who are called upon to defend claims) will however have to raise the money themselves. This is a particularly harsh result for individuals who are affected. Farmers who are already in dire straits may be pushed to bankruptcy and beyond.

Quite apart from the financial implications, the individuals face a long period of worry and anguish before a decision is made. Even if the decision is favourable, there can be no compensation for the unnecessary worry and anguish which has been caused by an ill thought out judicial decision. They will not receive recompense for the financial costs which will be very large, of fighting a claim.