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
- 8 Aug 2022:
Papertalk on behalf of the Mullewa Wadjari People v State of Western Australia [2022] FCA 915
PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge made an abuse of process finding - where primary judge made orders allowing for the filing and hearing of any costs application if an in-principle agreement was not confirmed - whether the orders of the primary Judge are in the form of case management orders - whether…
Judge: Colvin J - 1 Aug 2022:
Tait on behalf of the Ngarrawanji #3 Yarlil Native Title Claim Group v State of Western Australia [2022] FCA 887
NATIVE TITLE - application to dismiss claimant application under s 190F(6) of the Native Title Act 1993 (Cth) - where delegate of the Native Title Registrar refused to register the claimant application - where delegate not satisfied that applicant authorised to act and not satisfied that application authorised in accordance with statutory…
Judge: Banks-smith J - 26 Jul 2022:
Rainbow on behalf of the Kurtjar People v State of Queensland (No 3) [2022] FCA 824
NATIVE TITLE - extinguishment of native title - where The Rights in Water and Water Conservation and Utilization Act 1910 (Qld) s 5(1) and The Water Act of 1926 (Qld) s 4(1) vested in Crown right to use, flow and control of waters in State subject to restrictions preserving or conferring rights of riparian owners, occupiers and the public to take…
Judge: Rares J
Latest Speeches & Papers
- 3 Jun 2022:
Native Title - Compensation for economic loss
Delivered at the National Judicial College of Australia - 30th Anniversary of Mabo Conference, by Justice Jagot - 20 Oct 2017:
The rule of law and reconciliation
An opening address to the Law Society of New South Wales Young Lawyers' Conference, by Justice Jagot - 4 Feb 2016:
Expert anthropological evidence - a Judge’s perspective
Presented to the Future of Native Title Anthropology Conference at Brisbane by Justice Rangiah.
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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