Compensation Claims Post-Griffiths

A new wave of compensation cases are consolidating and testing findings in the wake of the landmark High Court decision of Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples. A highly anticipated judgment which looked at native title compensation for the first time, Griffiths nevertheless arguably raised more questions than it answered. Among the compensation claims to follow are the Tjiwarl and Gibson Desert claims in Western Australia in which the Central Desert Native Title Services (CDNTS) representative body has been involved. As practitioners involved in the claims, this paper presents our reflections on the background to the claims, the process of bringing the claims, transitioning into alternative settlement agreements and lessons for other practitioners and native title holders involved in, or thinking of bringing, a native title compensation claim.