A land rights claim in the Northern Territory has faced a setback in the High Court.
The Kenbi claim was filed in 1979, with title deeds of land on the Cox Peninsula, opposite Darwin, by then prime minister Malcolm Turnbull.
It marked what could have been the end to Australia’s longest-running land rights claim but as primary Traditional Owners.
Many families, including those represented by Larrakia Elders Tibby Quall and Eric Fejo, are in dispute with the Northern Land Council (NLC) over the decision. 
The region includes 52,000 hectares for land trust and 13,000 hectares for freehold land to be used for Indigenous development by the Larrakia and Belyuen people.
Larrakia elder Tibby Quall, left. Source: Aneeta Bhole/SBS News
In a Federal Court appeal, which found in favour of the two Larrakia elders, it was argued the NLC did not have the right to certify the Indigenous Land Use Agreement (ILUA) and that the claim should also recognise other Larrakia families.
But a High Court decision last week saw that the NLC did in fact have the power to proceed with the claim, sending the matter back to the Federal Court once again.
“The NLC may have won the battle, but the war still goes on,” Mr Fejo told SBS News.
Source: NITV News
“The High Court have set out what the NLC are allowed to do by law, but the question remains, 'have the NLC actually done their job properly?'”
Mr Quall said the process has left him and his family disillusioned with the Australian court system.
“The whole decision means we aren’t going forward, we’re going backwards,” he said.
“I don’t want to be emotional because it’s not all about winning the case, it’s about us standing up for our rights.
“I feel like there’s an imbalance in the law and the justice system is not working for us.”
“We get told what is good for us and we are expected to accept it,” Mr Fejo said.
Eric Fejo is in dispute with the Northern Land Council over its decision. Source: Aneeta Bhole/SBS News
“The NLC need to take a good look at themselves and why it has such poor relationships with those it’s supposed to represent.”
The NLC hopes the matter can be resolved outside of court with hopes of a resolution.
Malcolm Turnbull at the Kenbi land claim ceremony in 2016. Source: AAP
“We need to get everyone back at the table and work through some of these critical issues that are really important to all Larrakia,” NLC CEO Marion Scrymgour said.
“I know that this has been a process where everyone has felt that the land council hasn’t heard their voice or their concerns, but we have heard those concerns.
“I urge them to come back and work through these issues. We may agree to disagree, but we should at least reengage and see how we can move forward.”
Mr Quall said their campaign may rest with the next generation.
Tibby Quall: "It’s about us standing up for our rights". Source: Aneeta Bhole/SBS News
“Hopefully it doesn’t come to that point,” his daughter Karrawa said.
“But obviously we’re here and my daughter is here now as well so there are generations, and our family are strong. And this is our land, and we know it.”
The matter has been returned to the Federal Court.
