This episode of of The Customary Land Podcast explores worldviews constitute the ‘Plurality of Registers‘ and the tension of navigating between customary and traditional relations to land as ‘ours’ versus the western materialism of possessive individualism that sees land as ‘mine’.
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.
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 Peoples Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern Territory