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Native Title Rights: Compensation

Dr Harry Hobbs

Last edited: March 1, 2023

High Court decision on Native Title Rights Backgrounder View PDF 11.66 MB

Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7 (‘Griffiths’), is the first High Court ruling regarding ‘just’ compensation for the extinguishment of native title rights.

In one of the most significant native title cases since Mabo, this was the first time that compensation for both economic and cultural loss had been measured and awarded under the Native Title Act. The case signals a huge development in native title law and sets an important legal precedent which may prove to have a profound impact on compensation claims and native title generally.