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 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 - 29 May 2026:
Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 39) [2026] FCA 670
NATIVE TITLE – extinguishment – where the Court has previously determined that the Guugu Yimidhirr people are native title holders in respect of a determination area forming part of the Cape York United #1 claim area – whether native title in two individual parcels of land within the determination area was extinguished by proclamations of the…
Judge: STEWART J - 27 May 2026:
Dhu v Karlka Nyiyaparli Aboriginal Corporation RNTBC (No 2) [2026] FCA 646
PRACTICE AND PROCEDURE – application by the respondent for orders that the evidence of Leonard Stream, Keith Hall and Cate Ballantyne be heard on-country in the Nyiyaparli determination area at Yurlu – where the Court has the power to make such orders as it considers appropriate under s 23 of the Federal Court of Australia Act 1976 (Cth) – where…
Judge: LENEHAN 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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