The landmark case centres on the Commonwealth’s decision to allow mining in northeast Arnhem Land in 1968 without consent from the Traditional Owners, the Gumatj people.

In May 2023, the full bench of the Federal Court ruled in favour of Yunupingu, but later that year the High Court granted the Commonwealth special leave to appeal.

The Rirratjingu clan have their own claims to native title over parts of the area in question but support the Gumatj argument on reservation of minerals.

“While the High Court has considered significant aspects of this matter, the case will now return to the Federal Court to resolve other remaining complex issues.”

“Once the issue of quantum of compensation is determined, the award arising from today’s judgment will support real economic empowerment for the Gumatj people.”

“It is not controversial that the communities impacted by projects on their Country should benefit from the wealth generated through those projects.”