Native Title
About this NPA
The Native Title National Practice Area (NPA) including applications relating to:
- native title claims concerning the rights and interests of Aboriginal and Torres Strait Islander peoples to land and waters according to their traditional laws and customs, including determinations, revised native title determination applications, compensation applications, claim registration applications, applications to remove agreements from the Register of Indigenous Land Use Agreements and applications about the transfer of records
- reviews or appeals from decisions of the National Native Title Tribunal (NNTT)
- matters arising under or in relation to any Indigenous Land Use Agreement (ILUA) or other agreement made under the Native Title Act 1993 (Cth) (Native Title), or concerning a Prescribed Body Corporate (which holds or manages native title under the Act).
Latest Judgments
- 14 Apr 2025:
Malone on behalf of the Western Kangoulu People v State of Queensland (No 5) [2025] FCA 353
COSTS – where application for joinder under s 84(5) of the Native Title Act 1993 (Cth) (Native Title Act) dismissed – application for indemnity costs order against joinder applicant pursuant to s 85A(2) of the Native Title Act – Court’s discretion to award costs in Native Title proceedings – where conduct of joinder applicant unreasonable in the…
Judge: O'BRYAN J - 11 Apr 2025:
Malone v B&M Aboriginal Corporation (In Administration) (No 2) [2025] FCAFC 51
COSTS – appeal from orders made in an interpleader proceeding under Part 18 of the Federal Court Rules 2011 (Cth) concerning payments required to be made under an Indigenous Land Use Agreement (ILUA) by a petroleum exploration and production company to a nominated entity established for the benefit of families comprising native title claim group – …
Judge: O'BRYAN, HALLEY AND HORAN J - 31 Mar 2025:
Briggs on behalf of the Boonwurrung People v State of Victoria (No 2) [2025] FCA 279
NATIVE TITLE –whether six named First Nations women living in the 1800s were members of the Boonwurrung People who, at effective sovereignty, held rights and interests in the Boonwurrung claim area under traditional laws and customs – whether five named persons are contemporary descendants of some of the named First Nations women living in the…
Judge: MURPHY J
Latest Speeches & Papers
- 30 May 2022:
A journey that's bittersweet
An opinion piece published in the West Australian newspaper by Justice Banks-Smith
- 4 Feb 2016:
Expert anthropological evidence - a Judge’s perspective
Presented to the Future of Native Title Anthropology Conference at Brisbane by Justice Rangiah.
- 4 Jun 2014:
Characterising native title rights: a desert rose by any other name....
Presented at the National Native Title Conference 2014 - Australian Institute of Aboriginal and Torres Strait Islander Studies, Coffs Harbour, 4 June 2014, by Justice Perry.
Form & Rules
The key forms and rules for commencing “main applications” are:
- Commencing a native title determination application by a claimant:
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- Commencing a determination application by a non-claimant:
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- Commencing a compensation application:
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Legislation
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