Win for Gumatj in landmark native title compensation claim

The Gumatj people of North East Arnhem Land first brought proceedings in the Federal Court, arguing they are owed compensation for losses which stemmed from the extinguishment of their native title rights between 1911 and 1978 when the Northern Territory was administered by the Commonwealth Government.

Those acts included grants of certain mining and pastoral leases on the Gove Peninsula.



In 2023, the Full Federal Court found in favour of the Gumatj people on a number of questions of law.

The High Court has upheld this decision and affirmed that native title rights and interests do constitute property under the Constitution; and that any extinguishment of native title does amount to an acquisition - which must be made on just terms.

The case will now go back to the Federal Court, where the Gumatj people’s claim for compensation will be considered.

Similarly, given there is no determined native title over the relevant area, the Federal Court will now need to assess who the native title holders for the relevant area are.

Quotes attributable to NLC Chair Matthew Ryan:

“Today’s decision is a significant achievement, and it is a worthy tribute to the memory of the late Dr Yunupingu* who initiated this case on behalf of the Gumatj people in 2019.

“This decision proves that Native Title is just like any other property acquired by the Government, and reaffirms that owners deserve to be compensated for any loss.

“The NLC is proud to have supported the Gumatj people throughout this case which was argued all the way to the High Court by the Commonwealth Government.

*Last name used with family permission.