Policy implications of the Timber Creek decision

Abstract

The High Court decision in Northern Territory v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali peoples [2019] HCA 7 provides authoritative determination in relation to the approach to be adopted in valuing native title. In particular, it deals with how to value the compensation required to compensate native title holders when their title has been extinguished or impaired. This paper briefly summarises the core elements of the Court’s decision, and then focusses on the policy implications arising from the decision. The likely response of governments to the High Court decision is assessed, before progressing to a consideration of the issues raised which deserve further consideration by governments into the future.