Category Archives: Cultural Value

The Timber Creek Case – Property Rights Insights – Boydell & Sheehan 20 March 2019

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 Peoples
Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern Territory
[2019]

HCA 7
13 March 2019

D1/2018, D2/2018 & D3/2018

Comments are turned off for this video. If you want to discuss the case further with John or I, please reach out to us via Contact us or via https://customarylandsolutions.com/contact-us/