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
- 11 Mar 2024:
Dodd on behalf of the Middamia Native Title Claim Group v State of Western Australia [2024] FCA 214
NATIVE TITLE - consent determination of native title - agreement of the parties - requirements of s 87 of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders
Judge: Burley J - 8 Mar 2024:
Brownley on behalf of the Gulgoordi-Garlgurla Wongi People v State of Western Australia [2024] FCA 208
NATIVE TITLE - interlocutory application by respondent to dismiss applicant's native title proceeding - whether proceeding is abuse of process - where proceeding seeks to resurrect previously-dismissed native title claim - where proceeding would occasion unjustifiable oppression to parties in separate native title proceeding - proceeding dismissed …
Judge: O'Bryan J - 8 Mar 2024:
Carter on behalf of the Warrwa People v State of Western Australia (No 2) [2024] FCA 206
NATIVE TITLE - whether Part D of the proceeding should be summarily dismissed on the ground that the applicant has no reasonable prospect of success - where no evidence adduced having material weight in support of applicant's claim - where applicant has adduced totality of available evidence - applicant unable to progress claim and has no…
Judge: O'Bryan 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.
Form & Rules
The key forms and rules for commencing “main applications” are:
- Commencing a native title determination application by a claimant:
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- Commencing a determination application by a non-claimant:
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- Commencing a compensation application:
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Legislation
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