Australian band Men at Work has been ordered to pay compensation for the flute riff in their 1980s hit "Down Under" that was alleged to have been stolen from the children's folk song "Kookaburra Sits in the Old Gum Tree."

The song was written by Marion Sinclair in 1934 for a performance at a Girl Guides Jamboree. Music publisher Larrikin filed the suit and is seeking 40-60 per cent of earnings from songwriters Colin Hay and Ron Strykert and record companies Sony BMG Music Entertainment and EMI Songs Australia.

"It's a big win for the underdog," Larrikin's lawyer Adam Simpson said after the judgment.

Unfortunately, Sinclair passed away in 1988.

Was the riff stolen? You be the judge. You can listen here.