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

• 14 Jul 2021: Sailor on behalf of the Wangkamahdla People v State of Queensland [2021] FCA 790
  NATIVE TITLE - application for consent determination of native title in part of the claim area under s 87A of the Native Title Act 1993 (Cth) - whether the parties have satisfied the criteria set out in s 87A - whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties - determination made
  Judge: Rangiah J
• 13 Jul 2021: Friday v Minister for Primary Industry and Resources [2021] FCA 794
  NATIVE TITLE - application by native title holders for declarations that the proposed grant of a mineral lease by the Northern Territory Minister for Primary Industry and Resources under the Mineral Titles Act 2010 (NT) (MTA) is invalid - whether the grant of the mineral lease is authorised by s 40(1)(b)(ii) of the MTA - whether s 24MD(6B) of the…
  Judge: Reeves J
• 12 Jul 2021: Alvoen on behalf of the Wakaman People #5 v State of Queensland (No 3) [2021] FCA 785
  PRACTICE AND PROCEDURE - interlocutory application for order that lawyers of various respondents answer interrogatories - enjoinder application made following evidence emerging during cross-examination to restrain lawyers acting - whether inherent jurisdiction of Court to protect the due administration of justice engaged - whether Court should…
  Judge: Collier 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.