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
- 11 Jul 2025:
Yindjibarndi Ngurra Aboriginal Corporation RNTBC v State of Western Australia [2025] FCA 770
COSTS – application to waive fees for setting down and hearing a proceeding pursuant to Sch 1 of the Federal Court and Federal Circuit and Family Court Regulations 2022 (Cth) – scope of the discretion to waive fees under reg 2.03(1) of the Regulations – consideration of factors found to be relevant to discretion – fees waived
Judge: BURLEY J - 10 Jul 2025:
Coffs Harbour and District Local Aboriginal Land Council v Attorney‑General of New South Wales [2025] FCA 755
NATIVE TITLE – non-claimant application for determination under s 61(1) of the Native Title Act 1993 (Cth) – determination sought that no native title exists over the application area – where no current or historical native title claims over application area – where no response received following notice of Tribunal – where no response received…
Judge: STELLIOS J - 9 Jul 2025:
Melville on behalf of the Pitta Pitta People v State of Queensland (No 2) [2025] FCA 753
NATIVE TITLE – application by a non-party to intervene in a proceeding under r 9.12 of the Federal Court Rules 2011 (Cth), non-party a regional body with functions conferred under the Native Title Act 1993 (Cth) – regional body raising concerns about legal costs and funding arrangements of a compensation applicant – where there are two…
Judge: CHARLESWORTH 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:
Forms: | |
Rules: |
|
- Commencing a determination application by a non-claimant:
Forms: | |
Rules: |
|
- Commencing a compensation application:
Forms: | |
Rules: |
|
Legislation
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
