Category Archives: Property Rights

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/

CASLE / UTS: APCCRPR / IAAPLPR Pacific Regional Symposium a huge success

Over 50 delegates participated in the CASLE / UTS: APCCRPR / IAAPLPR Pacific Regional Symposium on Land and Property Rights in the South Pacific in Honiara, Solomon Islands, last week (5-7 August 2014). Hosted by the Solomon Islands Government Ministry of Lands, Housing and Survey, and with a £6,500 grant from the Commonwealth Foundation, the symposium was facilitated by four members of the UTS: Asia-Pacific Centre for Complex Real Property Rights: Prof. Spike Boydell, Prof. John Sheehan, Ulai Baya and Mike McDermott.

Deputy PM, the Hon Manasseh Maelanga MP, opens the Symposium on 5 August.
L-R: Mike McDermott, Prof John Sheehan, Stanley Waleanisia, Hon Manasseh Maelanga, Prof Spike Boydell, Ulai Baya, Buddley Ronnie.

https://www.youtube.com/watch?v=YqNOo0ARGEI

There was heated debate about Climate Change and land issues in the Pacific Region, Land Resource Compensation, Using Property Trusts and Leases to support Customary Landowners, and Carbon Property Rights. Each session had a workshop component (see photos below) and there were two comprehensive case studies on Land Compensation (Tina Hydro team) and Land Policy Intervention (Vanuatu Land Program team).

For more video, images and the delegate resource pack, please click on the CASLE / UTS: APCCRPR / IAAPLPR Symposium page (tab above).

Fiji parties urged to outline land policy ahead of poll – ABC News 24

June 25, 2014Customary Land, Fiji, Fiji Elections, iTLTB, Leases, Property RightsAiyaz Sayad-Khaiyum, customary land, Fiji, Fiji Election, iTaukei, Leases, Property rightsCustomary Land Solutions

Following on from his 7th June editorial in the Fiji Times, Professor Spike Boydell has been interviewed by ABC correspondent Sean Dorney for this item on ABC News 24 ‘The World’, which first aired on 24 June 2014. It also includes comments from the Attorney General Aiyaz Sayad-Khaiyum and Prof Satish Chand. The link to the piece on the ABC website is available here.

“What people want is stability and land is central to that stability.” (Spike Boydell)

Call for Land Policies ahead of Fiji Elections – ABC Pacific Beat

June 25, 2014Customary Land, Fiji, Fiji Elections, iTLTB, Leases, Property RightsFiji Election, iTaukei, Land, Leases, political parties, Property rightsCustomary Land Solutions

Professor Spike Boydell has been interviewed on ABC Radio Australia about the need for political parties in Fiji to explain their land policies ahead of the elections. A transcript of the interview is available here. The full piece on ABC Radio Australia – Pacific Beat – first aired on 24 June 2013 is available here.