Commonwealth v Yunupingu

Commonwealth v Yunupingu
CourtHigh Court of Australia
Full case name Commonwealth of Australia v. Yunupingu (on behalf of the Gumatj Clan or Estate Group) & Ors
Decided12 March 2025 (2025-03-12)
Citation[2025] HCA 6
Case history
Prior action[2023] FCAFC 75
Appealed fromFull Court of the Federal Court of Australia
Ruling
Appeal dismissed
Court membership
Judges sitting

Commonwealth v Yunupingu, also known as the Gumatj compensation claim or simply Gumatj, is a judicial decision of the High Court of Australia relating to Indigenous native title and Australian constitutional interpretation, decided on 12 March 2025. The High Court judges agreed with a previous Federal Court decision relating to a claim by the Gumatj clan on the Gove Peninsula in the Northern Territory. The court held that actions of the Commonwealth Government taken before 1975 could give rise to liability for compensation under the Native Title Act 1993, where invalid acquisitions of property had contravened the "just terms" guarantee in Section 51(xxxi) of the Australian Constitution.