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).
- 22 Dec 2016:
Starkey on behalf of the Kokatha People v State of South Australia  FCA 1577
NATIVE TITLE - application for stay of execution of order dismissing native title application - orders not of a kind which can be stayed. PRACTICE AND PROCEDURE - application for interim injunction pending the hearing or determination of appeal - inadequate undertaking as to damages. Held: application dismissed.
Judge: White J
- 22 Dec 2016:
Doyle on behalf of the Iman People # 2 v State of Queensland  FCAFC 189
NATIVE TITLE - appeal against Judgment which found that grants or conversions of perpetual leases over three areas of land were in each case, a "previous exclusive possession act" within s 23B of the Native Title Act 1993 (Cth) (the NT Act) and therefore had extinguished native title - consideration of the validity of s 8 of the Native Title…
Judge: North, Barker and White JJ
- 16 Dec 2016:
Lansen v Northern Territory of Australia  FCA 1535
NATIVE TITLE - applicant to native title claim deceased - application to replace applicant pursuant to s 66B of the Native Title Act 1993 (Cth). Held: deceased applicant replaced.
Judge: White 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.
- 16 Jun 2015:
Zen and the art of native title negotiation
Presented by Justice Barker at the 2015 National Native Title Conference, Australian Institute of Aboriginal and Torres Strait Islander Studies
- 12 Feb 2015:
Alternative pathways to outcomes in native title anthropology
Presented at the ANU's Centre for Native Title Anthropology/Native Title Services Victoria by Justice Barker
Form & Rules
The key forms and rules for commencing “main applications” are:
- Commencing a native title determination application by a claimant:
- Commencing a determination application by a non-claimant:
- Commencing a compensation application:
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