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
- 25 Sep 2026:
Bonney v Watarra Aboriginal Corporation RNTBC (No 4) [2026] FCA 1414
ADMINISTRATIVE LAW – judicial review – Aboriginal and Torres Strait Islander corporations – decision of Registrar of Aboriginal and Torres Strait Islander Corporations to grant an application for registration of the first respondent under s 26-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) – where application granted…
Judge: JACKSON J - 18 Sep 2026:
Sampi on behalf of the Koongie-Elvire Native Title Claim Group v State of Western Australia [2026] FCA 1405
PRACTICE AND PROCEDURE – Application to further amend statement of facts, issues and contentions – Where two proposed amendments are opposed – Where proceeding in final stages before commencement of a trial of a separate question – Whether there is a proper basis to permit the amendment – Whether it is in the interests of justice and consistent…
Judge: LONGBOTTOM J - 18 Sep 2026:
Braidwood Investments (WA) Pty Ltd v State Minister for the State of Queensland [2026] FCA 1387
NATIVE TITLE – non-claimant application – whether the Court has power to make the negative determination sought – whether the applicant has established that native title does not exist in relation to the application area – whether it is appropriate to make the determination sought – determination made
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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