Measuring Country: Native Title Compensation After Timber Creek, Yunupingu, McArthur River and Yindjibarndi Ngurra

Measuring Country: Native Title Compensation After Timber Creek,Yunupingu, McArthur River and Yindjibarndi Ngurra.

SEMINAR OVERVIEW

Native title compensation is at a turning point. The High Court's foundational judgment in Northern Territory v Griffiths (Timber Creek) in March 2019 set out the principles for native title compensation with respect to a small subset of extinguishing grants occurring prior to the commencement of the Native Title Act in 1993.  For almost seven years, there has been no judicial consideration as to how those principles might apply to the vast majority of executive acts, that have occurred and continue to occur, across the country that do not extinguish native title.   The High Court’s March 2025 judgment in Commonwealth v Yunupingu,  the Federal Court's February 2026 judgment in Davey v Northern Territory (No 5) (McArthur River), and its May 2026 judgment in Yindjibarndi Ngurra Aboriginal Corporation v State of Western Australia — have collectively answered the question of how compensation for such acts (all done in the context of mining projects) is to be measured, who is liable, and what is at stake for project proponents, governments, and Traditional Owners alike. With the potential for an appeal to come from Yindjibarndi Ngurra, the law is still moving.

Carla Klease KC (Higgins Chambers), William Isdale (Callinan Chambers) and Gavin Scott (Norton Rose Fulbright) will draw on their combined experience at the forefront of this area of law to share their insights into what these decisions mean for legal practitioners and consultants navigating land use and native title.

Seminar Speakers: 

• Carla Klease KC, Barrister-at-Law
• William Isdale, Barrister-at-Law
• Gavin Scott, Partner, Norton Rose Fulbright

SEMINAR CHAIR: Odette Wilson, Barrister-at-Law

This event will be live streamed and recorded.

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