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
- 12 Jun 2026:
Murphy on behalf of the Waturta Native Title Claim Group v State of Western Australia [2026] FCA 739
NATIVE TITLE - exercise of power conferred by s 87 of the Native Title Act 1993 to make a determination of native title by consent - where application was listed for on-country hearing - where evidence filed - where hearing vacated on the basis of indication that parties expect to reach agreement as to terms of proposed consent determination -…
Judge: COLVIN J - 11 Jun 2026:
Sandow on behalf of the Bigambul People #5 v State of Queensland (No 2) [2026] FCA 727
COSTS - Native Title - where applicant's claim area overlapped respondent's claim area - where respondent filed interlocutory application for strike out - where Court ordered the applicant's claim be struck out - where applicant unsuccessfully sought to appeal strike out decision - s 85A Native Title Act 1993 (Cth) - whether conduct of applicant…
Judge: COLLIER J - 12 May 2026:
Yindjibarndi Ngurra Aboriginal Corporation RNTBC v State of Western Australia [2026] FCA 585
NATIVE TITLE – compensation for the grant of 36 leases and licences (FMG tenements) granted under the Mining Act WA 1978 (WA) – future acts within s 24MD of the Native Title Act 1993 (Cth) – land the subject of the leases and licences partially on land determined as exclusive and non-exclusive native title to the Yindjibarndi people in Warrie…
Judge: BURLEY 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.
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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