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On 12 March 2025, the High Court of Australia delivered its judgment in Commonwealth of Australia v Yunupingu [2025] HCA 6.

This matter involved an appeal from a Full Court of the Federal Court decision regarding a compensation application brought by the Gumatj Clan under the Native Title Act 1993 (Cth). The compensation claim related to acts done by the Commonwealth between 1911 and 1978 in the Gove Peninsula area of the Northern Territory that may have extinguished native title rights and interests, particularly those relating to mineral rights.

The Yunupingu decision concerned three questions of law: (i) whether s 51(xxxi) (acquisition of property on “just terms") of the Constitution applies to laws enacted under s 122 (the territories power); (ii) whether extinguishment of native title rights constitutes an “acquisition of property" for the purposes of s 51(xxxi); and (iii) whether pastoral leases granted between 1886-1903 had already extinguished native title rights to minerals before the Commonwealth acts.

The High Court held that: (i) the power in s 122 of the Constitution to make laws for the government of a territory does not extend to making a law with respect to the acquisition of property otherwise than on just terms within the meaning of s 51(xxxi) of the Constitution; (ii) an extinguishment by or under a law of the Commonwealth of native title recognised at common law before the commencement of the Native Title Act constituted an acquisition of property within the meaning of s 51(xxxi) of the Constitution; and (iii) the grant of a pastoral lease in 1903 by the Governor of South Australia under the Northern Territory Land Act 1899 (SA) did not have the effect of extinguishing any non-exclusive native title rights over minerals on or under the subject land.

The High Court, by majority, dismissed the Commonwealth's appeal, upholding the answers given by the Full Court of the Federal Court.

The full text of the Judgment is located at the following link: Commonwealth of Australia v Yunupingu [2025] HCA 6.​

Please be aware the Tribunal cannot provide legal advice including on the impacts of the Yunupingu decision in relation to specific native title matters.​