Yolngu Clans win High Court case

The High Court yesterday ruled that the Commonwealth government will have to pay compensation to the Yolngu people, for taking away their native title rights by granting parts of Arnhem Land to mining companies.

Background

The Gumatj and Rirratjingu Clans (members of the Yolngu) had won a case in the Federal Court.

In the Federal Court, the Clans successfully claimed that, when the Commonwealth government had granted Yolngu land to mining companies in the 1930s-1960s, the Commonwealth government had “acquired” the Clans’ native title rights, but had failed to pay compensation “on just terms”, as required by the Commonwealth Constitution.

In a case reminiscent of the 1997 film, The Castle, the Federal Court agreed with the Clans, and ordered the Commonwealth government to pay compensation to the Yolngu.

The Commonwealth and all state / territory governments appealed to the High Court.

Outcome

The High Court yesterday dismissed the governments’ appeal, and upheld all aspects of the Yolngu Clans’ argument –

• the Yolngu clans are entitled to compensation for the acquisition of their native title rights
• the grants of land were an ‘acquisition of property’ (dismissing arguments by the governments, who said that native title was a lesser kind of property than other property rights recognised and protected under Australian law)
• the constitutional rule about paying compensation ‘on just terms’ applies to grants of land made by the Commonwealth in the Northern Territory

Why is it important?

One of the lawyers acting for the Yolngu people, Arthur Moses KC, spoke eloquently in the High Court about the meaning of the case to the Yolngu people, and also quoted from the arguments used by the lawyers acting for the governments. His statements in the High Court give a good sense of the key issues in the case, and how the frameworks of our British / Australian legal system can undermine or negate the sovereignty and cultural frameworks of Aboriginal and Torres Strait Islander peoples.

What happens now?

The case will now return to the Federal Court, to decide how much compensation the Commonwealth government will have to pay to the Gumatj and Rirratjingu Clans.

Where can I find out more?

References:

• Official High Court Judgment Summary
• Full High Court judgment
• The case has also been reported in:
  • The National Indigenous Times – here and here
  • The Guardian