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
- 18 Apr 2024:
Hippi on behalf of the Gamilaraay People v State of Queensland [2024] FCA 380
NATIVE TITLE - s 84(5) Native Title Act 1993 (Cth) - application to be joined as a party to Native Title determination application -prima facie interest in the land and waters established - finding that joinder applicants sought joinder for purpose of acting as representatives to assert Native Title rights on behalf of other people - delay in…
Judge: Collier J - 18 Apr 2024:
Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland (No 2) [2024] FCA 385
NATIVE TITLE - application to be joined as a respondent party to a native title determination application pursuant to s 84(5) of the Native Title Act 1993 (Cth) - whether joinder applicant is person whose interest may be affected by determination of native title - whether joinder applicant acting in representative capacity - whether in interests…
Judge: Collier J - 12 Apr 2024:
Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd (No 2) [2024] FCAFC 49
NATIONAL NATIVE TITLE TRIBUNAL - appeal - appropriate orders for remittal of proceeding where appeal allowed on one ground only - s 169(7) Native Title Act 1993 (Cth) - order made remitting matter to heard by the National Native Title Tribunal without further evidence, subject only to proper cause being shown and the Tribunal being satisfied it is …
Judge: Mortimer CJ, Rangiah and O'Bryan J
Latest Speeches & Papers
- 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.