Gunner Govt Weighs Up Timber Creek Judgement

Gunner Govt Weighs Up Timber Creek Judgement

Northern Territory Attorney-General Natasha Fyles

Timber Creek Judgement Won’t Halt Negotiations

Victor P Taffa

On 24 August 2016, Justice Mansfield handed down judgement in the Timber Creek Compensation Claim.

Timber Creek case is a landmark judgment in Australia in terms of the valuation of compensation for the extinguishment of native title, Attorney-General Natasha Fyles said.

The Territory accepts some aspects of the decision; however it is seeking clarity in relation to others including the valuation of non-economic loss. For this reason, it will now file an appeal of the decision in the Federal Court.

Timber Creek decision found that a total of $3.3 Million was payable by the Northern Territory to the Ngaliwurru and Nungali people for the IMPAIRMENT OR impairment or extinguishment of native title over Timber Creek.

The Territory and the Northern Land Council will make arrangements for this amount to be set aside in an interest bearing account pending the outcome of appeal proceedings.

“We have provided assurances to relevant Land Councils that while the appeal is underway it is still our policy that if native title issues arise, we will negotiate in good faith and we will now be doing so in line with the broad principles set out in the Timber Creek judgement.” Attorney-General Fyles said.