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 Jul 2024: Briggs on behalf of the Wulli Wulli People #3 v State of Queensland (No 2) [2024] FCA 1530
  NATIVE TITLE – interlocutory application to remove a respondent pursuant to s 84(8) of the Native Title Act 1993 (Cth) – whether the respondent seeks to bring a representative claim – whether the respondent’s claim seeks to impugn previous consent determinations – where satisfied respondent has personal interest – no issue estoppel – application…
  Judge: RANGIAH J
• 6 Mar 2025: Malone v B&M Aboriginal Corporation (In Administration) [2025] FCAFC 24
  NATIVE TITLE – where Indigenous Land Use Agreement (ILUA) required payments to be made by a petroleum exploration and production company to a nominated entity established for the benefit of families comprising native title claim group – where the nominated entity went into liquidation and the company commenced an interpleader proceeding under Part …
  Judge: O'BRYAN, HALLEY AND HORAN JJ
• 27 Feb 2025: Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia (No 2) [2025] FCA 140
  NATIVE TITLE - Application to remove indigenous respondents from claim for determination of native title under s 84(8) of the Native Title Act 1993 (Cth) - where respondents' interests in the claim area would be recognised in a proposed minute of consent determination - whether respondents have interests that may be affected by a determination in…
  Judge: MCEVOY 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.