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

• 28 Nov 2019: Bell on behalf of the Wakka Wakka People #3 v State of Queensland [2019] FCA 2005
  NATIVE TITLE - determination of separate question - whether native title wholly or partly extinguished by previous exclusive possession acts
  Judge: Rangiah J
• 27 Nov 2019: Anderson on behalf of the Quandamooka People (Mulgumpin/Moreton Island Claim v State of Queensland (No 2) [2019] FCA 2001
  NATIVE TITLE - application for consent determination of native title under s 87 of the Native Title Act 1993 (Cth) - whether the parties have satisfied the criteria set out in s 87 - whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties - determination made
  Judge: Rangiah J
• 26 Nov 2019: Williams on behalf of the Gumbaynggirr People and Attorney General of New South Wales [2019] FCA 1915
  NATIVE TITLE - consent determination - where the land subject to the present proceedings was excised from an earlier native title determination application - where that native title determination application was determined by the Court with the consent of the parties by way of a s 87 agreement: Phyball on behalf of the Gumbaynggirr People v…
  Judge: Robertson 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
• 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.