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).
- 19 Oct 2018:
Attwood v Gordon (on behalf of the Kariyarra Native Title Group)  FCA 1578
COSTS - where application for extension of time and leave to appeal withdrawn pursuant to R 35.31 of the Federal Court Rules 2011 (Cth) - interlocutory application of first respondent for costs - operation of R 35.31(4) and s 85A of the Native Title Act 1993 (Cth) - whether the withdrawal of the leave application three days before the hearing…
Judge: Barker J
- 12 Oct 2018:
Balanggarra Aboriginal Corporation v State of Western Australia  FCA 1538
COSTS - applicant's application for costs - where applicant obtained leave to discontinue proceeding under R 26.12 of the Federal Court Rules 2011 (Cth) - where R 26.12 creates presumption that respondent to discontinued application is entitled to costs - where it was not unreasonable for applicant to commence proceeding - where respondent…
Judge: Barker J
- 11 Oct 2018:
State of Western Australia v Buurabalayji Thalanyji Aboriginal Corporation  FCA 1531
PRACTICE AND PROCEDURE - application for leave to appeal from judgment and orders of Federal Court of Australia dismissing summary judgment application - where parties agreed current application should be determined on the papers - whether primary judge erred by failing to address and uphold the State of Western Australia's case as to s 85 of the…
Judge: Barker 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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