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
- 24 Apr 2025:
Miller v State of South Australia (Far West Coast Sea Claim) (No 4) [2025] FCA 388
NATIVE TITLE – application for a determination of native title in respect of an area in the sea in the vicinity of the far west coast of South Australia – claim area abutting and in proximity to existing determinations of native title – where applicant applied to amend the Claim Group description so as to replicate the description of native title…
Judge: CHARLESWORTH J - 30 Apr 2025:
Forrest on behalf of the Kakarra Part A Claim Group v State of Western Australia (No 3) [2025] FCA 425
NATIVE TITLE – consent determination of native title – agreement of the parties – requirements of s 87 of the Native Title Act 1993 (Cth) satisfied – appropriate to make orders
Judge: MCEVOY J - 17 Apr 2025:
Malone on behalf of the Western Kangoulu People v State of Queensland (No 6) [2025] FCA 363
NATIVE TITLE – application for determination of native title – separate questions concerning the existence of native title – where trial of separate questions conducted between the applicant and the State of Queensland – where subsequent to trial the parties engaged in mediation and reached agreement on a statement of agreed facts – leave granted…
Judge: O'BRYAN 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:
Forms: | |
Rules: |
|
- Commencing a determination application by a non-claimant:
Forms: | |
Rules: |
|
- Commencing a compensation application:
Forms: | |
Rules: |
|
Legislation
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
