Federal Court matter the first to determine compensation for the extinguishment and impairment of native title

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Crown Law acted for the Attorney-General intervening in a Federal Court matter which will be the first to determine compensation for the extinguishment and impairment of native title.

Justice Mansfield of the Federal Court heard final submissions in Griffiths (Ngaliwurru and Nungali Peoples) v Northern Territory and the Commonwealth in Darwin on 20-28 April. The Attorney-General was represented by the Solicitor-General, Peter Dunning QC, and the Senior Deputy Crown Solicitor, Tony Keyes. South Australia also intervened in the matter, both States supporting the Northern Territory and the Commonwealth.

The compensation claim was first filed in 2011. In 2014 the Court decided that the Territory was liable to compensate native title holders for various past acts that extinguished or impaired native title (Griffiths v Northern Territory [2014] FCA 256). The current matter related to quantum, and as such engaged previously undecided issues about the assessment of compensation under section 51 of the Native Title Act 1993 (Cth), such as the date at which compensation is assessed, what comparison with freehold value was appropriate, the basis on which interest is payable and the effect of the Racial Discrimination Act 1975 (Cth). The case also raised the constitutional guarantee of just terms for compulsory acquisition.