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
- 14 Sep 2026:
Vos, on behalf of the Tjalkadjara Native Title Claim Group v State of Western Australia (No 2) [2026] FCA 1343
NATIVE TITLE - exercise of power conferred by s 87 of the Native Title Act 1993 (Cth) to make a determination of native title by consent - where application was listed for on-country hearing - where evidence filed - where hearing vacated on the basis of indication that parties expect to reach agreement as to terms of proposed consent determination …
Judge: COLVIN J - 31 Aug 2026:
Briggs on behalf of the Boonwurrung People v State of Victoria (No 3) [2026] FCA 1359
NATIVE TITLE – interlocutory application – application to amend native title claim group description in Form 1 application – whether proposed amended claim group description conformed with the separate questions determination in Briggs on behalf of the Boonwurrung People v State of Victoria (No 2) [2025] FCA 279 – whether amendment authorised by…
Judge: BENNETT J - 11 Sep 2026:
Doyle on behalf of the Iman People #4 v State of Queensland (No 2) [2026] FCA 1334
NATIVE TITLE – statutory construction – determination of separate questions – whether s 47B of the Native Title Act 1993 (Cth) applies to disregard prior extinguishment of native title on vacant Crown land subject to petroleum leases and former roads – whether a “mining lease” is a “lease” within s 47B(1)(b)(i) – whether a road that was…
Judge: RANGIAH 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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