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

• 19 Dec 2024: Burarrwanga v Chief Executive Officer of the National Indigenous Australians Agency [2024] FCA 1476
  ADMINISTRATIVE LAW - application for judicial review of two decisions under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - applicant requiring an extension of time to commence an application in relation to the first decision - proposed application lacking in utility and merit - whether the decision-maker erred in failing to take…
  Judge: Charlesworth J
• 16 Dec 2024: Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 4) [2024] FCA 1458
  NATIVE TITLE - parties - application for removal of 55 Indigenous respondents - respondents removed NATIVE TITLE - claim to hold native title rights and interests - whether asserted native title interest affected by determination - whether interest sufficient to constitute a party - whether interest genuine, demonstrable and direct NATIVE TITLE -…
  Judge: Burley J
• 13 Dec 2024: Bates v Attorney General of New South Wales [2024] FCA 1439
  NATIVE TITLE - interlocutory application for removal of respondent parties pursuant to ss 84(8) or 84(9) of the Native Title Act 1993 (Cth) - interests of respondents and their purpose in seeking to remain as parties - whether respondents seek to remain as parties in representative or personal capacity - where respondent parties initially joined…
  Judge: Perry 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.