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
- 24 Sep 2025:
Williams on behalf of the Wiluna #5 Native Title Claim Group v State of Western Australia [2025] FCA 1178
NATIVE TITLE – application for consent determination of native title under s 87 of the Native Title Act 1993 (Cth) – whether all requirements satisfied – whether appropriate to make orders – consent determination made
Judge: HILL J - 19 Sep 2025:
Dhu v Karlka Nyiyaparli Aboriginal Corporation RNTBC [2025] FCA 1175
PRACTICE AND PROCEDURE - application for order for delivery of particulars prior respondent filing defence - particulars sought not necessary or desirable to enable respondent to plead pursuant to r 16.45(3) of the Federal Court Rules 2011 (Cth) - application dismissed
Judge: JACKSON J - 19 Sep 2025:
Todd TBA Property Pty Ltd v State Minister for the State of Queensland [2025] FCA 1151
NATIVE TITLE – non-claimant application – whether native title does not exist in application area – whether burden of proof satisfied – whether residual discretion should be exercised – native title determined not to exist in application area
Judge: STELLIOS 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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