Timber Creek Appeal: the next chapter for native title compensation

WHO SHOULD READ THIS

• Proponents, lessees of Crown land and government.

THINGS YOU NEED TO KNOW

• The Full Court of the Federal Court of Australia has largely upheld the primary judge's decision in the Timber Creek case. The Full Court's decision provides clarity in relation to the calculation of economic loss and non-economic loss.

WHAT YOU NEED TO DO

• Continue to monitor developments in the native title compensation space, including any appeal to the High Court.

Yesterday the Full Court of the Federal Court delivered the much awaited decision in the Timber Creek appeals.

The decision clarifies the law on compensation in Australia for loss of native title rights and interests, particularly in relation to how economic loss and non-economic loss is to be calculated in an award of compensation. However, there are still questions to be answered in relation to certain aspects of the law on native title compensation.