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
- 13 Feb 2025:
Drury on behalf of the Nanda People v State of Western Australia [2025] FCA 55
NATIVE TITLE - consent determination - nomination of prescribed body corporate
Judge: Murphy J - 13 Feb 2025:
Hamlett on behalf of the Wajarri Yamatji People (Part F) v State of Western Australia (No 4) [2025] FCA 61
NATIVE TITLE - consent determination - nomination of prescribed body corporate
Judge: Murphy J - 6 Feb 2025:
O'Shea v State Minister for the State of Queensland [2025] FCA 52
NATIVE TITLE - non-claimant application for determination of native title under s 61(1) Native Title Act 1993 (Cth) - negative determination - s 86G Native Title Act - whether within power and appropriate for Court to make orders sought - no participation in proceedings by representative body - no response to public notification of claim by…
Judge: Collier 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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