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
- 23 Dec 2021:
Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) (No 5) [2021] FCA 1639
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES - native title - two partially overlapping applications for native title - whether native title exists in relation to the land and waters of the claim area - separate questions posed in each of the claims answered in the negative - whether the persons who inhabited the claim area at the time of…
Judge: Reeves J - 21 Dec 2021:
Stuart v State of South Australia (Oodnadatta Common Overlap Proceeding) (No 4) [2021] FCA 1620
NATIVE TITLE - overlapping applications for the determination of native title over Oodnadatta and the surrounding Oodnadatta Common - claimant groups or sub-groups had determinations of native title over the areas adjacent to the Overlap Area - acceptance that by reason of their acknowledgement and observance of their respective traditional laws…
Judge: White J - 16 Dec 2021:
Singleton on behalf of the Yirrganydji Peoples v State of Queensland (No 3) [2021] FCA 1574
NATIVE TITLE - removal of parties - Court adopting a report under r 28.67(1)(a) of the Federal Court Rules 2011 (Cth) - adopted findings inconsistent with claims of Aboriginal respondents to possess native title rights and interests in a portion of the land and waters to which the proceedings relate - adopted findings not directly relating to…
Judge: Charlesworth J
Latest Speeches & Papers
- 20 Oct 2017:
The rule of law and reconciliation
An opening address to the Law Society of New South Wales Young Lawyers' Conference, by Justice Jagot - 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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