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Thinking about the value of extinguished native title rights and interests

Date Thursday, 29 April, 2021 - 12:30 to 13:30 He argued that just terms as constitutionally defined could neither imagine nor encompass the entirety of native title rights and interests and proposed a radical alternative based on his research. His evidence was given little attention by Mansfield J in his judgment and did not figure in subsequent appeals. In this seminar, Jon critically reflects on the content and quality of his evidence in light of recently published observations by Mansfield J and a request from AIATSIS’s Native Title Research Unit to engage with his observations. In particular, Jon is interested to explore how non-market economic values and lost opportunities might be compensated; and to what extent Timber Creek as a test case was the first, rather than last, legal say on the matter of compensation.

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