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 Dec 2020: Smirke on behalf of the Jurruru People v State of Western Australia (No 2) [2020] FCA 1728
  NATIVE TITLE - separate questions - overlapping claims - whether a language group holds native title through succession where no identifiable apical ancestor with rights and interests at sovereignty in the whole of the overlap area - whether certain apical ancestors from a different language group had native title rights and interests in overlap…
  Judge: Mortimer J
• 1 Dec 2020: Carter on behalf of the Warrwa Mawadjala Gadjidgar and Warrwa People Native Title Claim Groups v State of Western Australia [2020] FCA 1702
  NATIVE TITLE - consent determinations of native title - agreement of parties - joint reasons - s 87 and s 87A of the Native Title Act 1993 (Cth)
  Judge: Banks-smith J
• 30 Nov 2020: Shaw on behalf of the Boorroola Moorrool Moorrool Native Title Claim Group v State of Western Australia [2020] FCA 1700
  NATIVE TITLE - consent determination of native title - agreement of parties - s 87A of the Native Title Act 1993 (Cth)
  Judge: Banks-smith 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.