Australian Constitution

2009

Wurridjal v Commonwealth

High Court of Australia(2009) 237 CLR 309

Key Principle

The just terms guarantee in s 51(xxxi) applies to acquisitions of property under the territories power (s 122)

The Court held that the just terms requirement of s 51(xxxi) constrains the exercise of the territories power in s 122, overturning the 1969 decision in Teori Tau. The case arose from the Northern Territory National Emergency Response (the Intervention), which involved five-year leases over Aboriginal land. The decision was significant for the property rights of Territory residents, particularly Aboriginal landholders.

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