Commonwealth v Yunupingu

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Commonwealth v Yunupingu
Coat of Arms of Australia.svg
Court High Court of Australia
Full case name Commonwealth of Australia v. Yunupingu (on behalf of the Gumatj Clan or Estate Group) & Ors
Decided12 March 2025 (2025-03-12)
Citation [2025] HCA 6
Case history
Prior action [2023] FCAFC 75
Appealed fromFull Court of the Federal Court of Australia
Ruling
Appeal dismissed
Court membership
Judges sitting

Commonwealth v Yunupingu is a judicial decision of the High Court of Australia relating to indigenous native title and Australian constitutional interpretation. It found that native title rights are valid property rights, and that native title holders are entitled to compensation on just terms if the Commonwealth seeks to acquire the property. [1]

Contents

The High Court upheld the original decision of the Federal Court of Australia, decided on 12 March 2025. [2]

The Commonwealth argued that native title rights were 'inherently fragile' and unlike other property rights. [3] It is speculated they may be liable for up to $700 million in compensation to the Gumatj people. [4]

The decision may provide for potential actions by other native title holders to seek compensation from the Commonwealth for acquiring native title land elsewhere in Australia. [5]

Background

Galarrwuy Yunupingu AM brought a native title claim on behalf of the Gumatj, a clan of the Yolŋu People, to the Full Court of the Federal Court of Australia in 2019. [6] The claim sought financial compensation for land acquired by the Commonwealth in the Gove Peninsula in northeast Arnhem Land for bauxite mining purposes in the 1950s and 60s. [2] The Federal Court ruled in Yunupingu's favour in May 2023. [2]

See also

References

  1. ↑ Commonwealth of Australia v Yunupingu [2025] HCA 6.
  2. 1 2 3 Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia [2023] FCAFC 75 (22 May 2023)
  3. ↑ "Explainer: Commonwealth v Yunupingu and compensation for native title | Australian Human Rights Commission". humanrights.gov.au. 30 April 2025. Retrieved 20 August 2025.
  4. ↑ Press, Australian Associated (12 March 2025). "Indigenous leaders celebrate as court rejects appeal in landmark Yunupingu compensation case". The Guardian. ISSN   0261-3077 . Retrieved 30 August 2025.
  5. ↑ "High Court determines Commonwealth's liability to native title compensation - Human Rights Law Centre". www.hrlc.org.au. Retrieved 30 August 2025.
  6. ↑ Pelly, Michael (4 February 2024). "A fight over a bauxite mine may launch a new era for land rights". Australian Financial Review. Retrieved 22 August 2025.
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