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ARTICLE · 24 MARCH 2025

Commonwealth v Yunupingu: Compensation for native title rights pre-1975

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Commonwealth Government can be liable for compensation for the extinguishment of native title rights.

AustraliaGovernment, Public Sector
Anna White
Anna White
Rosie Syme
Rosie Syme
Milaan Latten
Milaan Latten
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On 12 March 2025, the High Court of Australia handed down the pivotal decision, Commonwealth v Yunupingu [2025] HCA 6. It dismissed an appeal from the Full Federal Court and found that the Commonwealth Government can be liable for compensation for the extinguishment of native title rights by the acquisition of property that occurred before 1975.

Key takeaways in Commonwealth v Yunupingu

  • Prior to this decision, the Commonwealth's liability to pay compensation under the Native Title Act 1993 (Cth) (NT Act) had only been considered to arise for acts that occurred after 1975 when the Racial Discrimination Act 1975 (Cth) (RD Act) commenced.

  • This decision unlocks the potential for compensation claims to be made by traditional owners against the Commonwealth Government in relation to activities which occurred pre-1975. However, such claims will be complex and require case by case consideration.

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