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
- 16 Jul 2024:
Little v Wajarri Yamaji Aboriginal Corporation RNTBC [2024] FCA 778
NATIVE TITLE - appeal from Native Title Tribunal under s 169 of Native Title Act 1993 (Cth) - appeal only on question of law - application for summary judgment by respondent - no error of law identified by appellants - appeal summarily dismissed
Judge: Jackson J - 12 Jul 2024:
Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 31) (Southern Kaantju #2 determination) [2024] FCA 747
NATIVE TITLE - consent determination - nomination of prescribed body corporate NATIVE TITLE - proper State respondent to the proceeding under ss 84(4) and 87A(1)(c) of the Native Title Act 1993 (Cth) - Arnaboldi v State of Queensland [2023] FCA 788 not followed
Judge: Mortimer CJ - 12 Jul 2024:
Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 30) (Kowanyama People, Kunjen Olkol and Olkola jointly held area determination) [2024] FCA 746
NATIVE TITLE - consent determination - nomination of prescribed body corporate NATIVE TITLE - proper State respondent to the proceeding under ss 84(4) and 87A(1)(c) of the Native Title Act 1993 (Cth) - Arnaboldi v State of Queensland [2023] FCA 788 not followed
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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