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
- 5 Aug 2026:
Metropolitan Local Aboriginal Land Council #4 v Attorney General for New South Wales [2026] FCA 1074
NATIVE TITLE – non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) that native title does not exist with respect to a parcel of land in New South Wales – where the applicant is prevented from dealing with the land by the Aboriginal Land Rights Act 1983 (NSW) absent a determination that no…
Judge: RAPER J - 30 Jul 2026:
Austin on behalf of the Eastern Maar People v State of Victoria (No 3) [2026] FCA 1054
NATIVE TITLE - determination of separate question - whether Gunditjmara applicant able to demonstrate that they hold rights and interests in land and waters of any part of Part C - whether elements of s 223 of the Native Title Act 1993 (Cth) are satisfied - deficiencies in lay and expert evidence as to laws and customs of the applicant…
Judge: MURPHY J - 29 Jul 2026:
Richards v State of South Australia (Far West Coast Sea Claim) [2026] FCAFC 97
NATIVE TITLE – application for determination of native title over an area of sea – sea claim area abuts land in respect of which there is an existing determination of native title – legal effect of the land determination in separate proceeding concerning abutting sea claim area – proper construction of the land determination – principles to be…
Judge: BURLEY, O'BRYAN AND LONGBOTTOM JJ
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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