High Court Victory Settles Long-Running Hand-Back of Prime Sydney Land

# High Court Victory Settles Long-Running Hand-Back of Prime Sydney Land ## Victory for Indigenous Land Rights and Common Law Principles The La Perouse Local Aboriginal Land Council achieved a significant High Court victory concerning a prime piece of real estate in Sydney's Paddington, demonstrating how persistent legal challenges can vindicate Indigenous rights and establish precedents for thousands of similar claims. ### The Victory The High Court of Australia reinstated the original decision to hand back the disused Paddington Bowls Club to the La Perouse Local Aboriginal Land Council, ending years of legal battles. The nation's highest court found that the land was not being "lawfully used," making La Perouse's original claim legitimate under the Aboriginal Land Rights Act 1983. ### Legal Precedent Established The High Court validated a long-standing interpretation of the state's Aboriginal Land Rights Act 1983: **a lease alone, without actual physical use of the land, does not constitute lawful use**. This principle has allowed "many successful land claims on parcels that were leased out but left unused or vacant, such as disused depots, closed schools, or abandoned infrastructure." ### Impact and Actionable Strategy Some 30,000 land claims remain unresolved across New South Wales. The Land Council hopes this High Court victory will help speed up the process for these pending claims. **Key Takeaway for Others:** Under the Aboriginal Land Rights Act 1983, Crown Land with inactive leases (no actual physical use) can be successfully claimed by Aboriginal Land Councils. This precedent provides a clear legal pathway for similar claims across NSW. ### What This Means New South Wales Aboriginal Land Council Chairman Raymond Kelly stated: "This is a win for common sense and justice for Aboriginal people. It holds the line in NSW and sends a message right across the country." **Published:** September 3, 2025 **Source:** SBS NITV