If the Coalition refuses to honour its election pledge to amend the Marine and Coast Area Act to deliver what Parliament intended instead of what activist judges have ruled, our coast will end up in the hands of hundreds of tribal groups, who, at the stroke of a pen, could sign lucrative deals with China to exploit the invaluable mineral wealth in our seabed.

A legislative response is both necessary and appropriate. Parliament is sovereign in our constitutional hierarchy. Courts gain their legitimacy from being impartial. When they insert themselves into policy debates or try to influence legislation, they risk undermining public confidence. They also undermine the rule of law by creating legal uncertainty.