Commonwealth of Australia v Yunupingu

Constitutional law (Cth) – Legislative power – Acquisition of property on just terms – Where Gumatj Clan or Estate Group of Yolngu People claim entitlement to compensation under Native Title Act 1993 (Cth) for "past acts" "attributable" to appellant – Where Gumatj Clan claim past acts attributable to appellant are specified appropriations to appellant and grants to third parties of interests in land in Gove Peninsula in Northern Territory – Where appropriations and grants occurred between 1939 and 1969 by or under ordinances made by Governor-General under Northern Territory (Administration) Act 1910 (Cth) – Where Gumatj Clan claim each appropriation or grant invalid at time it occurred to extent inconsistent with native title rights and interests in relation to land then recognised at common law – Whether power conferred on Commonwealth Parliament by s 122 of Constitution to make laws for government of territory extends to making law with respect to acquisition of property otherwise than on just terms within meaning of s 51(xxxi) of Constitution – Whether extinguishment by or under law of Commonwealth of native title recognised at common law before commencement of Native Title Act constituted acquisition of property within meaning of s 51(xxxi) – Whether grant of pastoral lease in 1903 by Governor of South Australia under Northern Territory Land Act 1899 (SA) had effect of extinguishing non-exclusive native title rights over minerals on or under subject land.

Words and phrases – "abstracts", "accession", "acquisition of property", "authorised and legally effective", "common law rule of recognition", "disjoined", "equality before the law", "erosion", "exception", "exception or reservation", "exclusive possession", "exclusive rights", "extinguishment", "for the government of a territory", "information of intrusion", "inherently defeasible", "inherently fragile", "land", "liberty of access", "minerals", "native title", "native title norms", "native title rights and interests", "non-derogation from grant", "on just terms", "pastoral lease", "plenary power", "precedent", "radical title", "recognition", "reservation", "sever", "skeletal principle", "taking", "title", "traditional laws and customs", "valid exercise of sovereign power", "with respect to", "withdrawal of recognition".

Constitution – ss 51(xxix), 51(xxxi), 96, 122.

Native Title Act 1993 (Cth) – ss 14, 18, 223, 226, 228, 238, 239.

Northern Territory (Administration) Act 1910 (Cth).

Northern Territory Land Act 1899 (SA) – ss 24, 25, Sch A, item (l).