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

• 14 Apr 2021: Leeton and District Local Aboriginal Land Council v Attorney General of New South Wales [2021] FCA 356
  NATIVE TITLE - non-claimant application under the Native Title Act 1993 (Cth) - where applicant/Aboriginal Land Council prevented from dealing with the land by the Aboriginal Land Rights Act 1983 (NSW) absent a determination of no native title - whether grant of an estate in fee simple validly extinguished native title - whether grant of a special …
  Judge: Perry J
• 1 Apr 2021: Singleton on behalf of the Yirrganydji Peoples v State of Queensland [2021] FCA 316
  NATIVE TITLE - multiple overlapping claims - parties entering a Deed providing for a procedure for the resolution of the overlaps - parties obtaining orders by consent for the appointment of two referees pursuant to s 54A of the Federal Court Act 1976 (Cth) and r 28.61 of the Federal Court Rules 2011 (Cth) - referees providing answers to three…
  Judge: Charlesworth J
• 24 Mar 2021: McNamara (Barngarla Southern Eyre Peninsula Native Title Claim) v State of South Australia (No 2) [2021] FCA 262
  NATIVE TITLE - costs - application for costs under s 85A(1) of the Native Title Act 1993 (Cth) - whether the applicant should pay the first respondent's costs of a successful summary dismissal application - whether it is necessary to categorise the applicant's conduct in opposing the application as unreasonable before a costs order may be made
  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.