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
- 29 Jul 2021:
Hamlett on behalf of the Wajarri Yamatji People v State of Western Australia (No 3) [2021] FCA 869
NATIVE TITLE - interlocutory application to amend conditional determinations of native title - addition of three apical ancestors - correction of typographical error - application granted
Judge: Griffiths J - 29 Jul 2021:
Quall v Native Title Registrar [2021] FCA 865
PRACTICE AND PROCEDURE - application for judicial review of registration decision by delegate of Native Title Registrar under s 24CK of the Native Title Act 1993 (Cth) - two interlocutory applications for summary judgment and/or strike out - where amended originating application discloses no grounds of review or orders sought - mere factual…
Judge: Griffiths J - 29 Jul 2021:
Hamlett on behalf of the Wajarri Yamatji People (Part E) v State of Western Australia (No 2) [2021] FCA 868
NATIVE TITLE - consent determination - requirements of ss 87 and 94A of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders
Judge: Griffiths 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:
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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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