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Key decisions

  • Northern Territory v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7
  • Grajewski v Director of Public Prosecutions (NSW) [2019] HCA 8
  • Director of Public Prosecutions Reference No 1 of 2017 [2019] HCA 9
  • OKS v Western Australia [2019] HCA 10
  • DP117 v Minister for Home Affairs [2019] FCAFC 43
  • Australian Workers’ Union v Registered Organisations Commissioner [2019] FCA 309
  • Carrafa v Chaplin, in the matter of the bankrupt estate of Michael Chaplin [2019] FCA 415

Native Title

Compensation for impairment of native title rights and interests

In Northern Territory v Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7 (13 March 2019) the High Court considered the proper amount payable in compensation for the extinguishment of certain native title rights. 

The Ngaliwurru and Nungali People (the ‘Claim Group’) held non-exclusive native title rights over land in the Northern Territory that had been extinguished by acts done by the Northern Territory. That gave rise to an entitlement to compensation under s 51 of the Native Title Act 1993 (Cth). The question in this case was the proper method of determining the compensation payable. 

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