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

• 19 Dec 2019: Hughes on behalf of the Eastern Guruma People v State of Western Australia (No 3) [2019] FCA 2127
  PRACTICE AND PROCEDURE - application for leave to inspect material on Court file for determined native title proceeding - applicant is common law native title holder and director of prescribed body corporate - consent received from elders and prescribed body corporate to access being granted - consideration of approach to inspection of documents…
  Judge: Mortimer J
• 19 Dec 2019: Mulardy, on behalf of the Birriman-gan Native Title Claim Group v State of Western Australia [2019] FCA 2119
  NATIVE TITLE - consent determination of native title - s 87 of the Native Title Act 1993 (Cth)
  Judge: Banks-smith J
• 19 Dec 2019: Fulton on behalf of the Mambali Amaling-Gan v Northern Territory of Australia (the Minyerri and Banka Banka Matters) [2019] FCA 2156
  NATIVE TITLE - applications for determinations of native title over pastoral leases - four outstanding issues regarding the content of the proposed consent determinations - how the exclusion of a right to take animals which are the private or personal property of another should be formulated (clause 11(c) issue) - whether the determination should…
  Judge: White 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.