[3] This compensation had been granted to the Ngaliwurru and Nungali Peoples as a remedy for deeds taken by the Northern Territory Government that were previously established by the judicial system to have extinguished native title.
[8] The Federal Court of Australia ruled in Griffiths v Northern Territory (2006) 165 FCR 300 that the Ngaliwurru and Nungali Peoples bear native title in the town of Timber Creek.
[1][11] These actions took place after the Racial Discrimination Act 1975 (Commonwealth) took force, a statutory law enacted by the Parliament of Australia.
[11] This was the first case in which the amount of compensation to be awarded to the Ngaliwurru and Nungali Peoples was established; it was heard in the Federal Court of Australia.
[12] The Ngaliwurru and Nungali Peoples were initially awarded $3,300,661 in compensation for the extinguishment of their land by Judge Mansfield in Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900.
[12] Any Ngaliwurru and Nungali persons who belong to the Maiyalaniwung, Yanturi, Makalamayi, Wantawul or Wunjaiyi tribes of the Timber Creek area have a right to a share in the compensation amount awarded.
[12] Given this, the Northern Territory of Australia contended that the compensation payable to the residents of Timber Creek could not be equal to eighty percent of the value of the land.
[12] Northern Territory v Alan Griffiths and Lorraine Jones has been considered a "landmark" native title case.
[8] This is because Northern Territory was the party responsible for all the compensable acts recognised by the judicial system as having taken place in the Timber Creek area.
[8] The determination that the native title rights and interests of the Ngaliwurru and Nungali Peoples in the Timber Creek area are non-exclusive was the reason why the High Court modified the calculation of the monetary amount of compensation payable from sixty-five percent of the worth of the land the subject of the native title rights and interests to fifty percent.
[1] There were three legal matters put forth to the High Court in the case of Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA.
[1] In Decision One, the Northern Territory of Australia was the appellant and Mr A. Griffiths (deceased) and Lorraine Jones were the respondent.
[1] In Decision Three, Mr. A Griffiths (deceased) and Lorraine Jones were the appellant and the Northern Territory of Australia and ANOR were the respondent.