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
- 9 Jul 2020:
Blucher on behalf of the Gaangalu Nation People v State of Queensland (No 2) [2020] FCA 946
NATIVE TITLE - application for joinder as party to proceeding - whether the applicant for joinder has a relevant interest - whether joinder is in interests of justice - application dismissed
Judge: Rangiah J - 9 Jul 2020:
Alvoen on behalf of the Wakaman People #5 v State of Queensland (No 2) [2020] FCA 960
NATIVE TITLE - where order sought by applicant for presence of legal practitioner in room while applicant's witness gives evidence by Microsoft Teams - impending preservation of evidence hearing - where witness elderly and of ill-health - where location for giving evidence remote - where necessary for evidence to be given remotely in context of…
Judge: Collier J - 8 Jul 2020:
Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia [2020] FCA 929
NATIVE TITLE - consent determination - consequent dismissal of part of existing application - agreement of the parties - requirements of s 87 of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders - purpose of s 67 and s 68 - meaning of "dealt with in the same proceeding"
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.
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.
