Members of the Gumatj clan sang their people into a sitting of the High Court in Darwin on Wednesday for the Commonwealth's appeal against their native title-related victory.
The case centres on the Commonwealth’s decision to allow mining in northeast Arnhem Land, in 1968 without consent from the Traditional Owners.
A decision by the full bench of the Federal Court in May 2023 paved the way for the Gumatj to potentially receive millions in compensation for bauxite mining at Gove.
Later that year the High Court granted the Commonwealth special leave to appeal.
In 2019, renowned land rights advocate the late Yunupingu, on behalf of the Gumatj clan, made an application for native title for land in the Gove Peninsula.
At the same time, he lodged a compensation application for the alleged effects on native title of certain executive and legislative acts from 1911-1978.
Yunupingu, who died in April 2023, claimed compensation under section 51 of the constitution, which empowers the parliament to make laws for the acquisition of property on just terms, meaning the Commonwealth can acquire land if the landowner is paid.
Commonwealth solicitor-general Stephen Donaghue told the full bench of the High Court sitting in Darwin that the government would be exposed to "a vast amount of compensation" if the appeal failed.
"The Commonwealth would be liable to pay compensation (to native title holders) with interest ... possibly over 100 years or more," Dr Donaghue said at the opening of the appeal on Wednesday.
But barrister for the Gumatj Arthur Moses has said 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 Commonwealth was granted special leave to appeal to the High Court over claims that the native title case would invalidate Northern Territory land grants dating back to 1911.
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Dr Donaghue said the Federal Court decision would create an "arbitrary and invidious" divide between native title holders as those in the Northern Territory would potentially receive far greater economic value to their claims.
The lead barrister for the Gumatj, Arthur Moses, previously submitted in writing there was "no evidentiary foundation for the Commonwealth’s (claim) as to the 'vast' scale of liabilities that would arise beyond the present case".
Mr Moses stated any successful claims would be the result of profound harm caused to Indigenous people in the Northern Territory due to dispossession of their land and that the High Court would not be intimidated by the prospect that its decision may cost the Commonwealth money.
If the Gumatj succeed, the decision is likely to have implications for other native title claim groups.
The Rirratjingu clan have their own claims to native title over parts of the area in question but support the Gumatj argument on reservation of minerals.
The compensation was sought for land from which bauxite had been mined since 1968, when the Australian government entered into a lease with Nabalco.
The mining lease is now held by Swiss Aluminium.
The High Court's special sitting in Darwin for the Commonwealth's appeal will hold its last scheduled hearing day on Friday.
