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

• 26 Jun 2025: Eden Local Aboriginal Land Council v Attorney General of New South Wales [2025] FCA 688
  NATIVE TITLE – non-claimant application for determination of native title under Native Title Act 1993 (Cth) s 61(1) – respondents do not oppose orders sought – whether within power and appropriate for Court to make orders sought – determination made that native title does not exist in application area
  Judge: MCDONALD J
• 18 Jun 2025: Whip v State Minister for the State of Queensland [2025] FCA 644
  NATIVE TITLE – non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) – determination sought under s 86G that no native title exists over the determination area – whether within power and appropriate to make orders sought – application allowed
  Judge: RAPER J
• 18 Jun 2025: Lord Penna Land Holdings Pty Ltd v State Minister for the State of Queensland [2025] FCA 643
  NATIVE TITLE – non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) – determination sought under s 86G that no native title exists over the determination area – whether within power and appropriate to make orders sought – application allowed
  Judge: RAPER J

Latest Speeches & Papers

• 30 May 2022: A journey that's bittersweet
  An opinion piece published in the West Australian newspaper by Justice Banks-Smith
  
• 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.