The Rirratjingu traditional owners from North East Arnhem Land in the Northern Territory have today won a landmark High Court battle against the Commonwealth over whether to the Commonwealth should be liable for extinguished or impaired Native Title rights associated with mining and special purpose leases on the Gove Peninsula.

Sophie Cleveland (Partner Government and Commercial Disputes at Mills Oakley) has represented the Rirratjingu traditional owners throughout the proceeding.

The Full Federal Court had previously ruled in favour of the traditional owners, recognizing that native title rights and interests constitute property, and any extinguishment of these rights should be compensated under the Constitution’s requirement for “just terms.”

The Commonwealth appealed the decision, taking the matter to the High Court, but today, the Court dismissed the appeal, ruling in favour of the Rirratjingu and Gumatj people.

Rirratjingu Patron and former Chair, Bakamumu Marika AM, welcomed the decision in saying:

“Dhuka yarranytjun bukmakku Yolngu ma ngarru nyena mawayanga burrmidinga romnga. This means Creating a pathway for all Yolngu to live in order to have peace, harmony and justice.” he said.

“Today is an important step in fulfilling the important work of being in control of our land – work which was begun by our fathers and grandfathers.

“Today is bittersweet – we have lost all of our old people who dreamed of determining what happens on our ancestral land.

“This win isn’t just about us, but is a win for all Aboriginal and Torres Strait Islander people, across all First Nations.

“In pursuit of our Native Title Rights, we stood in the High Court, as equals, alongside our Yolŋu brothers ensuring our Rirratjingu and Gumatj voices were heard.

“This historic decision continues the legacy of our fathers and grandfathers and follows in the footsteps of the Bark Petitions (1963) and Milirrpum v Nabalco (1971), in proving our land was never freely given and justice must be served.

“The ruling of the High Court says that the Commonwealth were never entitled to take our land without just terms. This decision corrects past injustices and reaffirms that our land rights must be respected by the highest laws of this country.

“This battle was always about more than compensation; it was about justice, recognising the true cost of dispossession and strengthening our future through land rights, economic independence, and cultural sovereignty. This is a victory for all Yolŋu peoples and Traditional Owners across Australia.”

The High Court’s judgment focused on whether the constitutional right to “just terms,” (s.51(xxxi) applied to laws made pursuant to the Territories power in the Constitution (s.122) and whether Native Title rights were proprietary in nature such that Native Title holders are entitled to just terms compensation when they are compulsorily acquired.

The ruling is a significant step towards the recognition of native title rights. It will pave the way for significant compensation claims for the loss or impairment of their native title rights, which is likely valued at more than $700 million.

This ruling represents a critical moment in the ongoing fight for justice for first nations people in Australia.

The full decision is linked here.