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
- 15 Aug 2019:
Stuart v State of South Australia (Oodnadatta Common Overlap Proceeding) [2019] FCA 1282
NATIVE TITLE - application for orders to take account of cultural and customary concerns of claimant groups in relation to the evidence in proceedings for the determination of overlapping claims of native title - orders would have the effect of precluding any member of the other claimant group from hearing certain evidence - whether the other…
Judge: White J - 15 Aug 2019:
Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 4) [2019] FCA 1275
PRACTICE AND PROCEDURE - application for a separate hearing of the cross claims - whether the interests of justice and considerations of efficient case management warrant a separate hearing - where the cross claims rely on a covenant not to sue - rr 15.10, 15.13 and 30.01 of the Federal Court Rules 2011 (Cth) CONTRACT - cross claims concerning…
Judge: McKerracher J - 13 Aug 2019:
Worimi Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 1270
NATIVE TITLE - non-claimant application - determination on the papers - whether s 66 of the Native Title Act 1993 (Cth) was satisfied - whether determination within the Court's power - consideration of whether native title was extinguished due to a previous exclusive possession act (grant of a scheduled interest) - application granted
Judge: Jagot 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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