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
- 25 Jun 2020:
Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (Port Augusta Proceeding) [2020] FCA 888
NATIVE TITLE - applications to be joined as a respondent in two native title proceedings pursuant to s 84(5) of the Native Title Act 1993 (Cth) - applicant formerly a member of a claim group in a native title determination application in respect of the same area - where the former native title determination application was summarily dismissed -…
Judge: Charlesworth J - 17 Jun 2020:
Roberts on behalf of the Widjabul Wia-Bal People v Attorney-General of New South Wales [2020] FCAFC 103
NATIVE TITLE -- appeal from a determination of separate questions under r 30.01 of the Federal Court Rules 2011 (Cth) - where the separate questions related to four parcels of reserved crown land in northern New South Wales - whether the separate question procedure was appropriate in these proceedings - whether the issue raised was hypothetical -…
Judge: Reeves, Murphy and Griffiths JJ - 10 Jun 2020:
Prior v South West Aboriginal Land and Sea Council Aboriginal Corporation [2020] FCA 808
ADMINISTRATIVE LAW - judicial review of a decision of the Registrar of the National Native Title Tribunal - application to review the decision to register six indigenous land use agreements - whether applicant denied procedural fairness - where applicant did not object to registration pursuant to s 24CI of the Native Title Act 1993 (Cth) -…
Judge: McKerracher 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.
Form & Rules
The key forms and rules for commencing “main applications” are:
- Commencing a native title determination application by a claimant:
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- Commencing a determination application by a non-claimant:
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- Commencing a compensation application:
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Legislation
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