Lavery, Daniel (2023) Native Title as Property: Yunupingu v Commonwealth. James Cook University Law Review, 29. pp. 125-137.

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Abstract

In May 2023, a Full Federal Court in Yunupingu v Commonwealth decided unanimously that native title is 'property' within the terms of s 51(xxxi) of the Constitution. In its defence, the Commonwealth argued the native title recognised at common law in the landmark 1992 Mabo [No 2] decision was susceptible to an exercise of the radical title of the Crown without any duty to pay compensation. Special leave to appeal was sought by the Commonwealth and has been granted. This novel constitutional issue will now be conclusively determined by the High Court of Australia. Although a simple yes or no is all that is required to answer whether native title is property within s 51(xxxi), at another level it calls into question the still-unsettled terms of the legal relationship between the Crown and the Indigenous peoples of Australia.

Item ID:	81781
Item Type:	Article (Research - C1)
ISSN:	1839-2792
Copyright Information:	You may also make a copy of the article available on your personal server or webpage and put a copy in your institution’s research publications archive or database or in other open-access digital repositories, without seeking the Editors’ consent, provided full details of publication in the James Cook University Law Review are given.
Date Deposited:	20 Mar 2024 23:12
FoR Codes:	48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law @ 50% 45 INDIGENOUS STUDIES > 4505 Aboriginal and Torres Strait Islander peoples, society and community > 450518 Aboriginal and Torres Strait Islander peoples and the law @ 50%
SEO Codes:	23 LAW, POLITICS AND COMMUNITY SERVICES > 2399 Other law, politics and community services > 239999 Other law, politics and community services not elsewhere classified @ 100%
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