Property Rights Insights - Timber Creek HCA decision with John Sheehan 20 March 2019  (4k)
Channel: Complex Real Property Rights
Date: 2019-04-01

In this launch episode of Property Rights 'Insights' I take the opportunity to discuss the High Court of Australia Decision of 13 March 2019 in what is known as the 'Timber Creek Case' with my colleague Professor John Sheehan AM.  The High Court upheld Justice Mansfields approach to recognising 'Customary Value' as a major component of compensation under the Native Title Act.  John has been involved in many Native Title Assessments for compensation on indigenous land over the last 20 years and in many ways the Timber Creek Case, which is the first compensation case of its kind to navigate the Federal Court system, serves to validate his approach to solatium, special indigenous value, or ‘cultural value’ as it is called in this case.  We also discuss the applicability to this Australian High Court decision for customary land owners in other countries.

Our conversation should he viewed in conjunction with the full decision, which can be accessed at http://eresources.hcourt.gov.au/showCase/2019/HCA/7

Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples 
Commonwealth of Australia v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali PeoplesMr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern Territory[2019] HCA 713 March 2019D1/2018, D2/2018 & D3/2018 

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