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 May 2017:
Quayle v State of South Australia  FCA 552
NATIVE TITLE - application to join group as respondent party - whether the group has the requisite interest to be joined - whether the group can be joined without identifying individuals of that group - whether an individual who identifies as a member of that group can be joined.
Judge: White J
- 15 May 2017:
Dann v Yamera  FCA 513
NATIVE TITLE - application for judicial review of Native Title Registrar's decision to accept claim for registration - operation of s 190C(3) of the Native Title Act 1993 (Cth) - overlap of two claimant applications - where member of one claim group also member of second claim group - whether Registrar improperly exercised power under s 190A of…
Judge: Barker J
- 5 May 2017:
Bulabul on behalf of the Kewulyi, Gunduburun and Barnubarnu Groups v Northern Territory of Australia  FCA 461
NATIVE TITLE - whether to strike out applications by reason of the failure of the applicants to prosecute the proceedings with due diligence - longstanding applications without substantive progress - some matters affected by future acts with the possibility of an agreement under s 31 of the Native Title Act 1993 (Cth).
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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