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 Jul 2019: Kemppi v Adani Mining Pty Ltd (No 2) [2019] FCAFC 117
  NATIVE TITLE - statutory construction - subject matter of judicial review of administrative decision-making - where representative body certified area ILUA under s 203BE(1)(b) of the Native Title Act 1993 (Cth) - whether challenge to s 203BE(1)(b) certificate possible after Registrar determines under s 24CK to register area indigenous land use…
  Judge: Rares Acj, Robertson and Perry JJ
• 11 Jul 2019: La Perouse Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 1091
  NATIVE TITLE - non-claimant application - where application "unopposed" for the purposes of s 86G of the Native Title Act 1993 (Cth) - whether any native title rights that might have existed have been extinguished
  Judge: Robertson J
• 4 Jul 2019: Freddie on behalf of the Kankawarla, Kanturrpa, Kurtinja, Patta, Pirrtangu, Purrurtu and Warupunju landholding groups v Northern Territory of Australia [2019] FCA 1024
  NATIVE TITLE - application for a determination of native title - requirements of s 87(1) of the Native Title Act 1993 (Cth) satisfied -appropriate to make a determination of native title in terms consistent with the parties' agreement - determination of native title made by consent
  Judge: Charlesworth J

Latest Speeches & Papers

• 20 Oct 2017: The rule of law and reconciliation
  An opening address to the Law Society of New South Wales Young Lawyers' Conference, by Justice Jagot
• 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.