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
- 29 Apr 2022:
The Nyamal Palyku Proceeding (No 5) [2022] FCA 478
Judge: Colvin J - 29 Apr 2022:
Miller v State of South Australia (Far West Coast Sea Claim) (No 3) [2022] FCA 466
EVIDENCE - hearsay - relevant evidence falling within the exclusionary hearsay rule in s 59 of the Evidence Act 1995 (Cth) - where the exception to the hearsay rule in s 60 of the Evidence Act applies - where respondent parties seek a ruling under s 136 of the Evidence Act to preclude the use of the evidence for a hearsay purpose - whether there…
Judge: Charlesworth J - 29 Apr 2022:
Harvey v Minister for Primary Industry and Resources [2022] FCAFC 66
NATIVE TITLE - where the first respondent intends to grant a mineral lease (ML 29881) to the third respondent under the Mineral Titles Act 2010 (NT) - where land subject to the proposed lease would be used for the construction of a "dredge spoil emplacement area" to deposit dredged material from a loading facility located on adjacent land subject…
Judge: Jagot, Charlesworth and O'Bryan JJ
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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