Kakadu National Park traditional owners to host historic sacred site court hearing at Gunlom Falls

A historic battle over a popular waterfall in Kakadu National park will return to the lands of the Jawoyn people for an unusual bush court hearing. Read how this five-year-long drama will end.

For the past five years Jawoyn traditional owners have been fighting with the Commonwealth Director of National Parks after a walkway was constructed against their advice near Gunlom Falls.

The roar of a cascading waterfall and the snapping of lurking crocodiles will accompany the final moments of a historic court battle over a popular Kakadu National Park waterfall.

For the past five years Jawoyn traditional owners have been fighting with the Commonwealth Director of National Parks after a walkway was constructed against their advice near Gunlom Falls.

It is alleged the Commonwealth breached sacred site laws and exposed a protected men’s site to the public.

To protect and respect the protocols around the sacred site the Jawoyn Elders closed off Gunlom Falls in 2019, blocking public access to the cascading waters and pristine plunge pool.

The Commonwealth repeatedly argued that it was “immune” from the laws of the Territory, claiming all the way to the highest court of Australia that it could not be held criminally responsible for illegally working on a sacred site without an authority certificate.

However, in a landmark appeal decision in May 2024 the High Court found in favour of the Jawoyn people and sent the case back to the Darwin Local Court.

Aboriginal Areas Protection Authority chair Bobby Nunggumajbarr celebrates after the High Court ruling over alleged damage by the Director of National Parks to a sacred site at Gunlom Falls, in Kakadu National Park. Picture: Zizi Averill

On Friday chief judge Elizabeth Morris prepared the final plans for the submissions after the Director of National Parks indicated it would plead guilty.

Ms Morris said the final two-day hearing would be held on country at the base of the waterfall — even if that risked lawyers “wandering off” and meeting its current resident, a 4m-long crocodile.

“I’ve been told there might be crocodiles in the court,” Aboriginal Areas Protection Authority barrister Lauchlan Spargo-Peattie said.

He quipped that it would be “about 150 degrees” outside in October.

To the relief of the lawyers, Ms Morris said the traditional suits and ties would not be necessary for the more informal outdoor court setting.

Mr Spargo-Peattie said the hearing would begin with a Welcome to Country, and four traditional owners were expected to share their stories about the sacred site in their victim impact statements, followed by closing submissions from AAPA and the Director of National Parks.

He said the sentence would likely be heard on the following today, closing the five-year legal drama and likely paving the way to the eventual reopening of the popular waterfall.

Crown counsel Lachlan Spargo-Peattie celebrates after the High Court ruling over alleged damage by the Director of National Parks to a sacred site at Gunlom Falls, in Kakadu National Park. Picture: Zizi Averill

Ms Morris said since this was a “matters of high public interest” she was open to allowing the media to photograph the historic proceedings, marking the first time since 2019 that the waterfall would be open.

However Mr Spargo-Peattie highlighted that since Gunlom was still officially closed by traditional owners, they wished “the only people who will come are the people who are invited”.

Ms Morris also had to confirm the roads were in a good enough condition, with Mr Spargo-Peattie cheekily suggesting that if one Darwin’s local legal experts, Tom Hutton could handle the graded 4WD track “it will be safe to drive”.

The two-day hearing is expected to be held on October 22.

Originally published as Kakadu National Park traditional owners to host historic sacred site court hearing at Gunlom Falls