In Mabo and Others v The State of Queensland (No 2), Brennan J stated: "The acquisition of territory by a sovereign state for the first time is an act of state which cannot be challenged, controlled or interfered with by the courts of that state." This principle, stated by Gibbs J in the Seas and Submerged Lands case, precludes any contest between the executive and judicial branches of government as to whether a territory is or is not within the Crown's Dominions. [....] Although the question of whether a territory has been acquired by the Crown is not judiciable before municipal courts, those courts have jurisdiction to determine the consequences of an acquisition under municipal law. Accordingly, the municipal courts must determine the body of law which is in force in the new territory. By the common law, the law in force in a newly-acquired territory depends on the manner of its acquisition by the Crown. Although the manner in which a sovereign state might acquire new territory is a matter for international law, the common law has had to march in step with international law to provide the body of law to apply in a territory newly acquired by the Crown. [....] However that may be, it is not for this court to canvass the validity of the Crown's acquisition of sovereignty over the Islands which, in any event, was consolidated by uninterrupted control of the Islands by Queensland authorities.

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