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ARTICLE · 02 JULY 2019

Value is in the eye of the beholder

The principles of value established in this native title case could also relate to other intangible personal rights.

AustraliaLitigation, Mediation & Arbitration

Value is in the eye of the beholder

The principles of value established in this case may also, with the passage of time, inform concepts of value as they relate to other intangible personal rights such as privacy, beliefs and personal preferences.

Many claims for loss and damage require identification of the 'value' of an asset or interest. But what does 'value' mean, and how is it to be established? In this case, the High Court of Australia considered how to arrive at an 'objective economic value' for certain native title rights and how to determine the amount of compensation for 'cultural loss'. The principles of value established in this case may also, with the passage of time, inform concepts of value as they relate to other intangible personal rights such as privacy, beliefs and personal preferences.

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