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

• 30 May 2023: Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia [2023] FCA 529
  NATIVE TITLE - applications for joinder under s 84(5) of the Native Title Act 1993 (Cth) - consideration of s 84(5) elements - whether joinder applicant has an interest - whether interest may be affected by a determination of native title - whether interests of justice support joinder - preference for intramural membership dispute to be dealt with …
  Judge: Bromberg J
• 29 May 2023: The Nyamal Palyku Proceeding (No 7) [2023] FCA 528
  NATIVE TITLE - where competing claims to native title by native title applicants in respect of the same area - where trial of separate question had been conducted - where parties referred to mediation before closing submissions on separate question - where agreement reached between native title claim groups to consent orders vacating the separate…
  Judge: Colvin J
• 23 May 2023: Davey on behalf of the Gudanji, Yanyuwa and Yanyuwa-Marra Peoples v Northern Territory of Australia (No 3) [2023] FCA 521
  NATIVE TITLE - practice and procedure - orders made to facilitate access to compensation claim area for on country hearing - where mine operator seeks contractual indemnity as condition of entry - where orders provide for reasonable directions and supervision by mine operator for purpose of safety - indemnity not a reasonable condition -…
  Judge: Banks-smith J

Latest Speeches & Papers

• 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.