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
- 4 Oct 2024:
Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland (No 6) [2024] FCA 1162
NATIVE TITLE - determination by consent after contested separate questions hearing - requirements of s 87 of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders - nomination of prescribed body corporate
Judge: Mortimer CJ - 26 Sep 2024:
Papertalk on behalf of the Mullewa Wadjari People v State of Western Australia (No 3) [2024] FCA 1132
NATIVE TITLE - application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) - three competing claims for native title - separate questions listed for hearing - relevant principles in a summary judgment application - onus of proof - standard of proof - insufficient lay evidence - inadmissible expert report - finding …
Judge: Murphy J - 24 Sep 2024:
Karajarri Traditional Lands Association (Aboriginal Corporation) RNTBC v State of Western Australia [2024] FCA 1114
NATIVE TITLE - novel application to preserve evidence of five Karajarri people before substantive compensation claim filed - whether Court has jurisdiction and power to hear and determine this application - finding that Court has jurisdiction pursuant to s 39B(1A)(c) of the Judiciary Act 1903 (Cth) and s 213(2) of the Native Title Act 1993 (Cth) - …
Judge: Mortimer CJ
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:
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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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