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

• 13 Jun 2025: Awabakal Local Aboriginal Land Council v Attorney-General of New South Wales [2025] FCA 609
  NATIVE TITLE – non-claimant application under the Native Title Act 1993 (Cth) – where application not opposed – 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 – where total extinguishment by grant in fee simple and public works as…
  Judge: PERRY J
• 13 Jun 2025: Metropolitan Local Aboriginal Land Council #2 v Attorney-General of New South Wales [2025] FCA 610
  NATIVE TITLE – non-claimant application for a determination under s 61(1) of the Native Title Act 1993 (Cth) (Act) that native title does not exist in respect of certain land in New South Wales – application not opposed within s 86G of the Act – whether within power and appropriate to make order sought – order made
  Judge: HILL J
• 5 Jun 2025: Oobagooma on behalf of the Big Springs Claim Group v State of Western Australia [2025] FCA 592
  NATIVE TITLE – native title determination application brought jointly on behalf of two separate claim groups who each claim separate and distinct native titles in the claim area – application for consent determination under s 87 of the Native Title Act 1993 (Cth
  Judge: O'BRYAN 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.