This video discusses and the two constitutional questions in the case of Commonwealth v Yunupingu [2025] HCA 6.
The first question was whether the requirement for just terms compensation to be paid for the compulsory acquisition of property by the Commonwealth applies to acquisitions within a territory. The video explains the changing relationship between section 51(xxxi) of the Constitution and section 122 of the Constitution, and how just terms compensation now extends to Commonwealth acquisitions in the territories, overruling the precedent in Teori Tau.
The second question concerned whether native title is 'inherently defeasible' so that the guarantee of just terms compensation does not apply to it. The video explains what is meant by inherent defeasibility and why the High Court held that native title does not fall within this category.