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

• 27 Mar 2020: Vea Vea on behalf of the Wadja People v State of Queensland [2020] FCA 405
  NATIVE TITLE - application to be joined as a party to a native title proceeding pursuant to s 84(5) of the Native Title Act 1993 (Cth) - whether applicants are persons whose interests may be affected by determination of native title - whether it is in the interests of justice to allow joinder - where there has been significant delay - where…
  Judge: Rangiah J
• 27 Mar 2020: Nyamal Palyku Proceeding [2020] FCA 428
  NATIVE TITLE - application to amend pleadings under r 16.53 of the Federal Court Rules 2011 (Cth), or alternatively withdraw admissions - where admissions are made in the course of a separate question proceeding - whether a statement of issues, facts and contentions is a pleading - whether it is in the interests of justice to allow the admissions…
  Judge: Reeves J
• 23 Mar 2020: Augustine on behalf of the Jabirr Jabirr/Ngumbarl People and State of Western Australia [2020] FCA 379
  NATIVE TITLE - application for determination of native title - where application the subject of contested hearing and reasons delivered containing findings on all matters in issue - where, after delivery of reasons, decision handed down in BHP Billiton Nickel West Pty Ltd v KN (Deceased) (Tjiwarl and Tjiwarl No 2) [2018] FCAFC 8; 258 FCR 521 and…
  Judge: Robertson 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.