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
- 21 Sep 2023:
Bell on behalf of the Wakka Wakka People #4 v State of Queensland (No 3) [2023] FCA 1114
NATIVE TITLE - application for consent determination of native title in part of the claim area
Judge: Rangiah J - 12 Sep 2023:
Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 4) [2023] FCA 1083
PRACTICE AND PROCEDURE - application for relief from orders restricting the production and use of evidence filed in earlier native title proceeding - consideration of the interests of justice - application allowed on a limited basis
Judge: O'Bryan J - 11 Sep 2023:
Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 3) [2023] FCA 1073
PRACTICE AND PROCEDURE - application by a respondent to a native title determination application to vacate trial dates for the hearing of expert evidence - where respondent has recently received funding and wishes to engage an anthropologist to prepare an expert report for the hearing - considerations of the interests of justice - application…
Judge: O'Bryan J
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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