An Indigenous group whose land was unjustly leased to a mining company is due to respond to claims their case will allow huge native title payouts.
The High Court sitting in Darwin is scheduled on Thursday to hear a response by the Gumatj Clan to an appeal arguing the Commonwealth will be liable for "vast amounts of compensation" if the findings are not overturned.
Gumatj Clan lead barrister Arthur Moses SC is due to tell High Court justices there is no evidence the case will lead to undue numbers of claims as any successful native title cases would be brought by Northern Territory people "historically and unjustly dispossessed of their property".
"The profound loss and harm caused by such dispossession has previously been recognised and vindicated in this court," Mr Moses previously submitted.
The High Court is sitting at Darwin's Supreme Court to hear a native title case appeal. (Rex Martinich/AAP PHOTOS)
In May 2023, a decision by the full bench of the Federal Court paved the way for the Gumatj Clan to receive up to a possible $700 million compensation for bauxite mining at Gove in northeast Arnhem Land.
The late Yunupingu originally brought the case that found the Gumatj Clan's land was not acquired "on just terms" before being leased in 1968 to the Swiss-Australian mining consortium, Nabalco.
Commonwealth solicitor-general Stephen Donaghue KC previously told the full bench of the High Court that Gumatj Clan's case would invalidate a large number of land grants made in the Northern Territory after 1911 that did not compensate native title holders.
The High Court's special sitting in Darwin for the Commonwealth's appeal will hold its last scheduled hearing day on Friday.
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