Native title and compensation: lessons learned in Timber Creek

In April and February 2016, the Federal Court was asked to adjudicate questions relating to the quantum of compensation for the extinguishment and impairment of native title in the town of Timber Creek. While previous cases have addressed some aspects of compensation under the Native Title Act 1993 (Cth), the Timber Creek Compensation Case (Griffiths v NTG Ors (NTD 18 of 2011)) is the first time that the questions around the calculation and award compensation have been fully ventilated before a court.

The paper outlines the key issues and arguments in the case and also addresses some practical considerations for other potential applicant groups.