Native Title Compensation: High Court hands down Timber Creek decision

This morning the High Court handed down its decision on the appeals by the Ngaliwurru and Nungali peoples, the Northern Territory and the Commonwealth in relation to the first ever litigated native title compensation decision: Northern Territory of Australia v Griffiths [2019] HCA 7.  

The High Court allowed the appeal from the Full Federal Court in part and found the quantum of compensation in this case to be $2,530,350. This is a reduction from the Federal Court’s award of $3.3 million. You can read our previous article here.

The decision is significant because it provides guidance on the liability of the Commonwealth, States and Territories which has been in existence for some time but never quantified except by confidential negotiation. We will release an articlein the near future with a full analysis of the judgment. 

Essentially, the High Court determined that:

  1. The objective economic value of the non-exclusive native title rights is 50% of the freehold value of the land. This is a reduction from 80% at first instance and from 65% on appeal to the Full Federal Court.
  2. Simple interest is payable. This is an affirmation of the Full Federal Courts decision.
  3. The amount of compensation payable as a solatium for cultural loss is $1.3 million. This is the same amount awarded by the trial judge.

If you would like to discuss any aspects of the case, please contact HopgoodGanim Lawyers' Native Title and Cultural Heritage team.
 

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