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
- 17 Jun 2024:
Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland (No 5) [2024] FCA 645
NATIVE TITLE - consent determination - agreement executed under s 87A Native Title Act 1993 (Cth) - power of Court to make orders - appropriate for Court to make orders
Judge: Collier Acj - 14 Jun 2024:
Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland (No 4) [2024] FCA 641
NATIVE TITLE - application for joinder three business days prior to consent determination - section 84(5) Native Title Act 1993 (Cth) - onus of proof - relevant interest - necessary that evidence support existence of relevant interest - whether determination affects relevant interest - must be personal interest not representative - interests of…
Judge: Collier Acj - 13 Jun 2024:
Charlie on behalf of the North Eastern Peninsula Sea Claim Group v State of Queensland (No 2) [2024] FCA 612
NATIVE TITLE - determination of separate question - extinguishment of native title - whether special leases were invalid - whether power to issue special leases was exclusively conferred on Minister under s 203 of the Land Act 1962 (Qld) - where Governor in Council purported to issue special leases under s 203 - finding that Governor in Council…
Judge: Rangiah 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:
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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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