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
- 30 Nov 2022:
David on behalf of the Torres Strait Regional Seas Claim v State of Queensland [2022] FCA 1430
NATIVE TITLE - determination of parts of native title claims by consent - determination of native title rights in sea country and some areas of land in the Torres Strait and Northern Cape York, and adjacent waters
Judge: Mortimer J - 23 Nov 2022:
Booth on behalf the Gunaikurnai People Claim Group v State of Victoria [2022] FCA 1395
PRACTICE AND PROCEDURE - application for variation of suppression orders - application for release from Harman undertaking - where materials and information produced in Court-ordered experts' conferences and joint experts' reports arising from the conferences in a now discontinued proceeding are subject to suppression and non-publication orders -…
Judge: Murphy J - 22 Nov 2022:
Lockyer for and on behalf of the Robe River Kuruma People v Citic Pacific Mining Management Pty Ltd [2022] FCA 1381
NATIVE TITLE - application to set aside originating application on the basis that the Court lacks jurisdiction over the controversy or alternatively to transfer originating application to Supreme Court of Western Australia - where originating application seeks compensation under the provisions of a deed - where deed records the consent of the…
Judge: Colvin 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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