Reclaiming illegally granted Indigenous land: An interview with Wiradjuri man Paul Towney
September 26, 2025
Proud Wiradjuri descendant Paul Towney was out in front of the Federal Court of Australia on Gadigal land on Macquarie Street in Sydney city on 19 September 2025.
He was beginning his campaign to draw wider public attention to the fact that a lot of 1820s land grants were issued illegally on Wiradjuri Country and other First Nations lands by then NSW governor, Thomas Brisbane.
Towney is also about to file a case with the court seeking recognition that, despite King George IV having empowered NSW governors to issue land grants of no larger than 200 acres, Brisbane gifted much larger parcels of Indigenous land to settlers. The illegal nature of the land grants was established in a Federal Court case last year, and this has bearing on a current ownership matter.
The 2024 Federal Court case, Dungog Shire Council versus Attorney General of NSW, involved Dungog Shire Council claiming ownership over a sports ground in the Hunter Valley town of Paterson, after the previous owner died without an heir. The NSW Government, however, argued that native title rights had not been extinguished as the 1823 land grant to a James Woods by Brisbane was void.
The NSW Government based its successful case on the original records. The court found that Paterson Sports Ground is on Wonnarua Country and is part of the Wonnarua people’s native title claim. Towney has since obtained copies of the original land grants from Gosford Library, which cover various First Nations regions.
The outcome of the case led Towney to occupy a 2000-odd acre parcel of land on Wiradjuri Country in the town of Orange, which has commonly been understood to belong to Charles Sturt University. Towney was explaining the scenario to two passers-by on Friday morning at around 8am, with a copy of the original land grant in hand.
After NSW police warned Towney to vacate the Wiradjuri land he was occupying and his refusal to do so, officers arrested him on 2 February. NSW Magistrate Jeff Tunks found against Towney on trespass, but dismissed the charge, while another of property damage resulted in him being placed on a 12-month conditional release order, with the charge again dismissed.
I spoke to Towney about why he was standing out in front of the court, how this action was just the beginning of his attempt to seek justice in the Federal Court and how he is ultimately following in the footsteps of his Wiradjuri ancestor Windradyne.
Paul Gregoire: On Tuesday, 9 September 2025, you appeared in the Orange Local Court in respect of one count of trespass and another of property damage, after you’d occupied a 2000-odd acre parcel of land at Charles Sturt University on Wiradjuri Country in the NSW town of Orange in early February this year.
How did the trial go?
Paul Towney: I have no criminal conviction from last week. They gave me a good behaviour bond. But as I stated all the way through, I don’t abide by your law. I am under Wiradjuri Nation sovereign lore, and I was representing myself.
I have not signed, and I will not sign any legal Crown documentation in the Federal Court.
Last year, in this court, they found a precedent in a case that showed all land grants over 200 acres on Wiradjuri land are illegal land grants. I have come up with over 250,000 acres of illegally granted land.
This is all documented and signed by governor Brisbane, whom this Federal Court said was the administrator, governor or prime minister of Australia at the time he signed off on these land grants illegally.
The land grants show the date when he signed off on all illegal land grants without the permission of the King of England, King George.
You weren’t convicted in court over your occupation of the parcel of land at Charles Sturt University. So, why are you now out in front of the Federal Court of Australia on Gadigal land in Sydney city?
Simply because of the precedent case from this court last year. I mentioned that all the way through my attending Local Court last week.
When the magistrate tried to convict me, he found he couldn’t. He couldn’t convict me of any criminal activity in regard to trespassing.
Even though there was no referral to the Federal Court, a police prosecutor came up after the court matter and said that I need to fill out an application and have the matter dealt with here.
The NSW Local Court can’t send a case to Federal Court. A case could go from the Local Court to the NSW Supreme Court. But Local Court cases cannot go to the Federal Court.
I am following Wiradjuri lore today. Windradyne fought and died under my Wiradjuri lore. It was documented, when martial law was declared on the Wiradjuri Nation in writing in 1824 by governor Brisbane.
Are you going to file a legal claim with the court?
I have all the paperwork. I will complete it. But I am not going to sign it, because my belief is, as soon as I sign any Crown paperwork, I have sold away Wiradjuri grassroots sovereignty, and I have gone off track from following Wiradjuri Nation sovereign lore.
So, you’re operating under Wiradjuri sovereign lore not British law. How does that change things?
Simple, Wiradjuri lore was in place before the colonials, the British, came over the Blue Mountains. They finally found a way over and they didn’t come onto Wiradjuri lands until 1813, as documented by governor Macquarie.
Before that, we had our ancient Wiradjuri Nation sovereign lore that all Wiradjuri must abide by. That was for 60,000 years. That has always been true. It has always been right. That is why I am following my Wiradjuri Nation sovereign lore.
From the day the British came onto Wiradjuri Nation sovereign lands, they were corrupt. They have always been. It has not been just.
Then the third governor, governor Brisbane, who had administration from 1821 to 1825, was rewarding all his convict mates and soldiers who were out clearing and killing Wiradjuri, the Dharug, Dharawal and Bidjigal Nations here in Sydney and going down the south coast onto Yuin Country.
The convicts doing the clearing were given massive, free land grants by Brisbane without the king’s approval.
Wiradjuri Nation sovereign lore has always been right for the Wiradjuri Nation. The colonials, the day they came on, it was all about corruption and occupying Wiradjuri lands, and it has been found to be illegal under their own law, here at Federal Court.
You’ve started a crowdfunding page to finance this action. Can you tell me about that?
I started a GoFundMe page. Anyone who would like to make a donation, can do. It is going towards Wiradjuri Nations sovereignty and grassroots nations. It is so I can get out here and put the pressure on with the help of all my campaigners and supporters.
You’re heading to the ABC in Ultimo in a few hours from now. What’s the plan from here?
I’m just here to start the process. I am demanding that the Federal Court hear my case.
They have a Reconciliation Action Plan, and the chief justice of the court has made a statement recognising and respecting First Nations sovereignty, as the Traditional Owners of the land.
The views expressed in this article may or may not reflect those of Pearls and Irritations.