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

• 2 Feb 2023: Appleton v State of Queensland [2023] FCA 45
  NATIVE TITLE - non-claimant application for determination of native title under s 61(1) of the Native Title Act 1992 (Cth) ('NTA') - determination sought under s 86G of the NTA that no native title exists over the determination area - whether within power and appropriate to make orders sought - order made in terms sought
  Judge: Sarah C Derrington J
• 23 Dec 2022: QGC Pty Limited v Alberts (No 4) [2022] FCA 1590
  NATIVE TITLE - construction of indigenous land use agreement (ILUA) entered under Native Title Act 1993 (Cth) - where ILUA required mining company to pay benefits to nominated entity to hold on trust for native title holders - where original nominated entity placed into liquidation - where ILUA required native title party to notify company of name …
  Judge: Rares J
• 22 Dec 2022: Darkinjung Local Aboriginal Land Council v Attorney General of New South Wales [2022] FCA 1555
  NATIVE TITLE - non-claimant application under the Native Title Act 1993 (Cth) - application by Local Aboriginal Land Council for declaration that native title does not exist in respect of certain land and waters in New South Wales - application made in order to permit Land Council to deal with the land - whether the land was subject to previous…
  Judge: Burley 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.