High Court Ruling Clears Path for $700 Million Native Title Compensation Claim
The decision allows the Gumatj people to seek compensation for land acquired without consent during the 1960s in the Northern Territory.
- The High Court dismissed the federal government's appeal, upholding a Federal Court decision that native title rights constitute property requiring compensation when extinguished.
- The case, initiated by the late Indigenous leader Yunupingu in 2019, concerns a mining lease on the Gove Peninsula granted without traditional owners' consent in the 1960s.
- This landmark ruling could open the door to further compensation claims across the Northern Territory for historical land acquisitions predating the Racial Discrimination Act of 1975.
- The court rejected the Commonwealth's argument that native title rights could be overridden in territories without 'just terms' compensation under the Constitution.
- Gumatj leaders hailed the decision as a victory for Indigenous land rights and justice, with the case now returning to the Federal Court to determine the specifics of compensation.