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‘Just terms’, native title and the territories: Commonwealth of Australia v Yunupingu
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 ‘Just terms’, native title and the territories: Commonwealth of Australia v Yunupingu
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On 12 March 2025, the High Court of Australia handed down its decision in Commonwealth of Australia v Yunupingu. This paper provides an overview of the case and presents its implications, examining the just terms requirement and legislative ‘extinguishment’ of native title.
The case has significant implications for constitutional and native title law, in particular:
- legislative action pursuant to the ‘territories power’ is subject to the just terms requirement of the Constitution
- acts extinguishing native title are capable of being an acquisition of property within the meaning of the just terms requirement.
Indigenous groups, including the Gumatj clan and the National Native Title Council have welcomed the decision. Legal commentators have highlighted the ‘pivotal’ significance of the case.
It seems highly likely the decision will result in additional claims for native title compensation in the Northern Territory and potentially also the ACT.
