The Acquisition of Indigenous Property on Just Terms: Wurridjal V Commonwealth

19 Pages Posted: 6 Dec 2017

See all articles by Matthew T. Stubbs

Matthew T. Stubbs

University of Adelaide - School of Law

Date Written: December 5, 2017

Abstract

Wurridjal v Commonwealth challenged the Northern Territory intervention legislation, alleging there had been an ‘acquisition of property’ without ‘just terms’, contrary to s 51(xxxi) of the Commonwealth Constitution. This case note addresses four matters. First, whether there had been an ‘acquisition of property’ within s 51(xxxi); second, whether ‘just terms’ had been provided; third, whether s 51(xxxi)’s requirement of ‘just terms’ applied to an exercise of Commonwealth legislative power in the territories; and, fourth, whether the High Court’s earlier decision in Teori Tau v Commonwealth was overruled. Three issues for the future are identified: the potential for ‘just terms’ to apply differently to Indigenous property rights; the significance of the court’s recognition of the evolving position of the territories within Australian constitutional arrangements; and the adoption by the court of a new approach to determining whether a previous decision has been overruled.

Keywords: compulsory acquisition, just terms, Indigenous

JEL Classification: K1

Suggested Citation

Stubbs, Matthew T., The Acquisition of Indigenous Property on Just Terms: Wurridjal V Commonwealth (December 5, 2017). U. of Adelaide Law Research Paper No. 2017-36, 33 Sydney Law Review 119, Available at SSRN: https://ssrn.com/abstract=3083152

Matthew T. Stubbs (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia
+61883133530 (Phone)

HOME PAGE: http://www.adelaide.edu.au/directory/matthew.stubbs

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
26
Abstract Views
225
PlumX Metrics