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
- 29 Jul 2026:
Richards v State of South Australia (Far West Coast Sea Claim) [2026] FCAFC 97
NATIVE TITLE – application for determination of native title over an area of sea – sea claim area abuts land in respect of which there is an existing determination of native title – legal effect of the land determination in separate proceeding concerning abutting sea claim area – proper construction of the land determination – principles to be…
Judge: BURLEY, O'BRYAN AND LONGBOTTOM JJ - 23 Jul 2026:
Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 40) (Massy and Breakfast Creeks boundary dispute) [2026] FCA 980
NATIVE TITLE – separate question – boundary dispute – where disputed area lies between consent determination areas for Umpila and Lama Lama native title holding groups – evidence not sufficient to support finding solely in favour of one group – evidence supports finding that native title held communally by descendants of certain named apical…
Judge: MORTIMER CJ - 22 Jul 2026:
Sampi on behalf of the Nganjuwarr Claim Group v State of Western Australia [2026] FCA 894
NATIVE TITLE – Consent determination – Agreement executed under s 87 Native Title Act 1993 (Cth) – Power of Court to make orders – Appropriate for Court to make orders – Nomination of prescribed body corporate under s 56 of the Native Title Act 1993 (Cth)
Judge: LONGBOTTOM 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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