From www.claytonutz.com: The High Court has ruled that Indigenous Australians may claim compensation for the extinguishment of their native title rights occurring before the Racial Discrimination Act 1975, marking a significant shift in native title law.

This decision arises from a case where the Gumatj Clan sought $700 million from the Commonwealth for the acquisition of their rights on the Gove Peninsula in the Northern Territory.

The ruling emphasizes that the Commonwealth must acquire property on just terms, which complicates the landscape for resource companies and agribusiness regarding historical land tenure and potential compensation liabilities.