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

• 26 Feb 2021: Lyndon on behalf of the Budina 2 Claim Group v State of Western Australia [2021] FCA 134
  NATIVE TITLE - consent determination of native title - agreement of parties - s 87 of the Native Title Act 1993 (Cth) - role of applicant in native title determination application - authorisation of working group to consent to determination - where question as to efficacy of authorisation of working group rather than applicant - whether interests…
  Judge: Banks-smith J
• 17 Feb 2021: Queensland Rifle Association Inc v State of Queensland [2021] FCA 110
  NATIVE TITLE - non-claimant application for determination of native title under s 61(1) Native Title Act 1993 (Cth) - negative determination - subject land used as a rifle range - whether within power and appropriate for Court to make orders sought - application granted
  Judge: O'Bryan J
• 12 Feb 2021: Gunggandji-Mandingalbay Yidinji Peoples Prescribed Bodies Corporate Aboriginal Corporation v Murray [2021] FCA 94
  NATIVE TITLE - where prescribed native title body corporate seeks to gain possession of land from Aboriginal occupants who also claim native title rights - where native title body corporate must prove respondents have no native title rights and interests which entitle them to the land - consideration of onus of proof when proving a negative where…
  Judge: Reeves 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.