Title Fight: How the Yindjibarndi Battled and Defeated a Mining Giant

by Paul Cleary

A David-and-Goliath story set in the ancient landscape of the PilbaraIn the space of just fifteen years, Andrew ‘Twiggy’ Forrest’s Fortescue Metals Group has become a global iron-ore giant worth $70 billion. But in its rush to develop, FMG has damaged and destroyed ancient Aboriginal heritage and brokered patently unfair agreements with the traditional owners of the land. When FMG has met resistance, it has used hard-nosed litigation in pursuit of favourable outcomes.This strategy came unstuck when FMG encountered several hundred Yindjibarndi people and their leader, Michael Woodley, who left school in Grade Six and was from then on immersed in his traditional culture. Woodley has led his community in an epic, thirteen-year battle against FMG, all on a shoestring budget.Clear-eyed and humane, Title Fight reveals the Wild West of iron-ore mining in the Pilbara. It tells the story of how a small group of Indigenous Australians fought tenaciously to defend their spiritual connection to Country. And, at a moment of national reckoning with our colonial and ancient past, with our relationship to the land, it asks some critical Who does the land belong to? Who gets to choose what it’s used for? And whose side are we on?Paul Cleary is a journalist and author of six influential books, including Trillion Dollar Baby, Mine-Field and Too Much Luck, which The New Yorker described as a ‘fierce, concise book’. His reporting has focused on resource conflicts and policy, and in recent years he has worked with and written about the First Peoples of Australia.

Genres: Nonfiction, Australia, Politics, History

327 pages, Kindle Edition

Published August 31, 2021

Reviews

[Ali · Rating 4 out of 5]

I found this surprisingly engrossing for a book so concerned with legal struggles. Cleary brings the protagonists to life on the page, and the twists and turns in the struggle for the Yindjibarndi for something more than contempt from Fortescue Mining Group. Behind the struggle for compensation and consultation is the grinding truth that Native Title operates at best to financially compensate those who own the land, but hardly to enable real control over destruction on the site. The depth of the industry designed to facilitate mining through this process - from heritage and anthropology consultants to legal specialists, leaves a feeling everyone but Blackfellas are benefiting from Native Title these days. Nevertheless, this is a tale of hope - where one determined community defies a corporate giant.

[Georgie · Rating 5 out of 5]

Amazing read. Incredibly informative, inspiring and accessible. Truely imperative to understanding the state of Western Australia as it now exists. A story so close to home I was shook to realise I knew a few of the characters. Cannot comprehend the amount of research that went into this and cannot recommend enough —Personally I would make this a compulsory reading requirement upon entry to this great state.

[Kayla · Rating 5 out of 5]

a super informative read, highly recommend

[Chris Sharp · Rating 5 out of 5]

Couldn't ask for an easier to follow book about a multi-front legal battle between a Prescribed Body Corporate for Native Title and Big Mining.

Easy to follow, not easy to read: The shit Fortescue Metals Group put the Yindjibarndi through is heinous. I worried reading it about the book's potential as a playbook for corporate tactics.

I wish the book gave the reader ways to hold FMG (and the regulatory bodies they interface with) to account.

[Shane Starling · Rating 4 out of 5]

Nice to see Big Mining doesn't always get its way when Little Aboriginal gets organised, and parts of the legal system are willing to acknowledge what 1000s of years of geo-specific existence is really worth.

Which, it thankfully turns out, is much more than a few kickbacks to keep an oppressed people quiet and blind to their own best interest.

[Kate Walton · Rating 4 out of 5]

Fascinating! A detailed retelling of the Yindjibarndi people's fight for recognition of their rights over their traditional lands. A bit dry at points (very legal) but well worth a read.

[Beth Sunderland · Rating 5 out of 5]

In an extreme coincidence I picked this book up the day before the Federal court would decide that Fortescue owes the Yindjibardi people $150 million in compensation in a landmark Native Title case (Yindjibarndi v State of Western Australia), the biggest to be awarded ever in Australia. Not only this, it was the first Native Title case to take on whether state governments can be held liable for approving such projects, alongside the mining companies. Whilst $150 million is minuscule in comparison to mining profits and the real cultural loss that has occurred, it is still much more than Fortescue was willing to award which was $8 million.

A thoroughly researched book, revealing the tenacity and resilience of the Yinjibarndi people in dealing with various mining companies and entities on their country.

A perception I had heard lots before reading this book was that the Yindjibarndi didn’t hold exclusive native title rights when Fortescue started Solomon operations. Whilst this may be *technically* legally correct, the first lodge for Native Title was in 1994, and Fortescue was not a company until 2003. It is not the fault of the Yindjibarndi people that court processes for Native title take decades, whilst approvals processes for mining are expedited by the government.

As with the previous book I read about Native Title and mining (Näku Dhäruk), I have learned that you can’t simply take mining companies at face value when they say they have liaised with Traditional Owners. Mining companies will always have their profits at the forefront of their priorities, and are not following due process appropriately when it comes to engaging with Traditional Owners.

Let’s hope that the results of this case will set the precedent for many more settlements to come.

[Sheila · Rating 3 out of 5]

An important book. It's a pity that it's not written in a lively style. I thought the opening chapters were quite dull, too many acronyms, some of which weren't in the glossaries. Gets better in the closing chapters especially "Intolerable irony"

[Ryan Weston · Rating 5 out of 5]

Incredible insight into inner machinations of how Native title works specifically in WA and the history of indigenous - white relations in the Pilbara. Very linked to my work so of course I found it interesting but I feel like it's a great starter for anyone interested.

[Daniel Vowles · Rating 4 out of 5]

Fairly tough read with lots of abbreviations that tend to be very similar and complex legal talk. However, the book is an important read for those interested in Australian history, culture and indigenous rights.

[Tom Swann · Rating 4 out of 5]

He does a great job of wrangling some very complicated legal technicality and community political sensitivities. It's very journalistic, in quite a formal or dry way at times. I suspect he felt this was necessary to deal with it fairly and safely, esp given Fortescue's enormous power.

[Peter · Rating 3 out of 5]

Interesting read, especially for anyone interested in how native title really works.

[Grace · Rating 3 out of 5]

This book was hard going at times (partially because of the depressing subject matter). But it was a well researched story and was very good reading if you are interested in native title.

[Simon · Rating 5 out of 5]

A powerful read - Cleary's writing is diligently researched, concise and moving.