This week I sit down with Prof. John Sheehan AM to reflect on and explore lessons from the Timber Creek case in the latest episode of The Customary Land Podcast.

Our far-reaching discussion includes recognition (and extinguishment) of inalienable customary land rights, which are precarious, Native Title, s.51 xxxi of the Constitution of Australia (‘just terms’ compensation), and the relationship to the UN Declaration on the Rights of Indigenous People’s.  The Timber Creek case provides helpful guidance about compensation (for extinguishment) that recognises the ‘cultural loss’ relating to the indigenous connection to the land (rather than ‘solatium’).

Full High Court of Australia background to the Timber Creek case can be accessed here.

The Judgement of the High Court in the Timber Creek case is here.

John also refers to his co-authored paper with Jasper Brown and Kenneth Rayner ‘On solatium: towards a rethinking of compensation‘.

For those who prefer to watch a video version, it is provided here.