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
- 8 Oct 2025:
Central Land Council v Brett [2025] FCA 1227
NATIVE TITLE – Where the applicant seeks access to pastoral lease for purposes connected to a prospective native title determination – where orders agreed following mediation – whether the Court has jurisdiction pursuant to s 39B(1A)(c) of the Judiciary Act 1903 (Cth) and s 213(2) of the Native Title Act 1993 (Cth) – whether the Court has power to …
Judge: LONGBOTTOM J - 26 Sep 2025:
Metropolitan Local Aboriginal Land Council v Attorney General of New South Wales [2025] FCA 1183
NATIVE TITLE – non-claimant application for determination under s 61(1) of Native Title Act 1993 (Cth) – where applicant prevented from dealing with land by Aboriginal Land Rights Act 1983 (NSW) absent determination that native title does not exist – whether David Berry Hospital Act 1906 (Cth) vested in Crown estate in fee simple – determination…
Judge: MCDONALD J - 24 Sep 2025:
Williams on behalf of the Wiluna #5 Native Title Claim Group v State of Western Australia [2025] FCA 1178
NATIVE TITLE – application for consent determination of native title under s 87 of the Native Title Act 1993 (Cth) – whether all requirements satisfied – whether appropriate to make orders – consent determination made
Judge: HILL 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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