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
- 18 May 2022:
Williams on behalf of the Githabul People v State of Queensland [2022] FCA 569
NATIVE TITLE - Interlocutory Application seeking to remove Indigenous Respondents - whether Indigenous Respondents are in representative capacity - Section 84 Native Title Act - application granted
Judge: Collier J - 13 May 2022:
Nona of behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland (No 4) [2022] FCA 566
PRACTICE AND PROCEDURE - application to vacate hearing of expert evidence in contested native title claim - where the expert witness of the moving party affected by catastrophic flooding - relevance of the present proceeding to the resolution of native title claims in neighbouring areas - application granted
Judge: Mortimer J - 29 Apr 2022:
The Nyamal Palyku Proceeding (No 5) [2022] FCA 478
Judge: Colvin 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:
Forms: | |
Rules: |
|
- Commencing a determination application by a non-claimant:
Forms: | |
Rules: |
|
- Commencing a compensation application:
Forms: | |
Rules: |
|
Legislation
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
