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

• 24 May 2019: Kemppi v Adani Mining Pty Ltd [2019] FCAFC 94
  APPEAL AND NEW TRIAL - application to amend notice of appeal and fourth further amened statement of claim to raise new issue following recent Full Court decision - where appellants seek to withdraw admission and raise new factual issues - exercise of discretion by appellate court - fairness to the parties - where further evidence required - where…
  Judge: Rares, Robertson and Perry JJ
• 23 May 2019: Purdie on behalf of the Yurriyangem Taam Native Title Claim Group v State of Western Australia [2019] FCA 696
  NATIVE TITLE - consent determination of native title - agreement of parties - s 87A of the Native Title Act 1993 (Cth)
  Judge: Banks-smith J
• 21 May 2019: Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia [2019] FCA 655
  NATIVE TITLE - consent determination - agreement of the parties - where interlocutory application brought prior to determination seeking orders under s 66B of the Native Title Act 1993 (Cth) to replace the applicant - where newly constituted applicant duly authorised by claim group - requirements of s 66B of the Native Title Act 1993 (Cth)…
  Judge: Mortimer 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.