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).
- 22 Dec 2017:
Tommy on behalf of the Yinhawangka Gobawarrah v State of Western Australia  FCA 1568
NATIVE TITLE - interlocutory application to strike out or summarily dismiss application for determination of native title - whether claim group was a "subgroup" - compliance with s 61(4) of the Native Title Act 1993 (Cth) - whether there was insufficient evidence of authorisation - whether native title claim was an abuse of process - whether there …
Judge: Barker J
- 20 Dec 2017:
Pearson on behalf of the Tjayuwara Unmuru Native Title Holders v State of South Australia (Tjayuwara Unmuru Native Title Compensation Claim)  FCA 1561
NATIVE TITLE - compensation application - consent determination - consideration of matters relevant to approving proposed determination under s 87 of the Native Title Act 1993 (Cth) - application granted. NATIVE TITLE - compensation application - consent determination - whether to make order under s 37AG of the Federal Court of Australia Act 1976…
Judge: White J
- 19 Dec 2017:
Akiba on behalf of the Torres Strait Regional Seas Claim v State of Queensland  FCA 1560
NATIVE TITLE - authorisation of new applicant and s 66B application - whether Court should order steps to be taken towards authorisation process in the absence of progress being made - steps ordered NATIVE TITLE - costs under s 85A - whether costs should be awarded against native title representative body - costs reserved
Judge: Mortimer J
Latest Speeches & Papers
- 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
- 17 Aug 2017:
Indigenous Land Rights: Australia’s response following Mabo - the present and the future
Presented by Justice Mansfield as the Inaugural John Mansfield Lecture at the University of South Australia, Adelaide.
- 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:
- Commencing a determination application by a non-claimant:
- Commencing a compensation application:
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