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
- 27 May 2025:
Forrest on behalf of the Tjalkadjara Native Title Claim Group v State of Western Australia (No 2) [2025] FCA 547
NATIVE TITLE - application to replace applicant under s 66B of the Native Title Act 1993 (Cth) and leave to amend the claim group description in the Form 1 application - where application opposed by members of overlapping claim for determination of native title - whether application fails to comply with the authorisation of applicants under s 61…
Judge: COLVIN J - 21 May 2025:
North Queensland Land Council Native Title Representative Body Aboriginal Corporation (ICN 1996) v Harris [2025] FCAFC 70
NATIVE TITLE - non-claimant application by non-native title interest holder pursuant to s 13(1)(a) of the Native Title Act 1993 (Cth) - where application is opposed by native title representative body - consideration of the relevant onus on a non-claimant applicant in demonstrating that native title does not exist - whether non-claimant applicant…
Judge: COLVIN, ABRAHAM AND MCEVOY JJ - 15 May 2025:
Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2025] FCA 490
NATIVE TITLE – right to negotiate – expedited procedure – proposed grant of exploration licences under Mining Act 1978 (WA) – where State of Western Australia gave notice of future acts under s 29 of the Native Title Act 1993 (Cth) – where notices included statement under s 29(7) that State considered the act was an act attracting the expedited…
Judge: HORAN 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:
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.
