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

• 20 Oct 2021: Lewis on behalf of the Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 2) [2021] FCA 1269
  NATIVE TITLE - interlocutory application by two Indigenous respondents seeking removal of another Indigenous respondent in s 61 proceeding - interlocutory application disputes apical ancestry of Indigenous respondent - whether Indigenous respondent has prima facie native title rights and interests in claim area - whether in interests of justice to …
  Judge: Griffiths J
• 18 Oct 2021: District Council of Streaky Bay v Wilson [2021] FCAFC 181
  NATIVE TITLE - appeal from determination of native title - whether the construction of public works in the nature of major earthworks - whether construction in time or by validation sufficient to extinguish native title in relevant parts of the land - in the alternative whether a lease had been granted which constituted a previous exclusive…
  Judge: Mortimer, Perry and SC Derrington JJ
• 15 Oct 2021: Rainbow on behalf of the Kurtjar People v State of Queensland (No 2) [2021] FCA 1251
  NATIVE TITLE -- application under s 225 of Native Title Act 1993 (Cth) for determination of non-exclusive native title over land and waters in disputed portion of claim area - whether continuity of claimant group connection since sovereignty with land and waters of disputed portion by acknowledgement of traditional laws and observance of…
  Judge: Rares 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.