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

• 13 Nov 2019: Manado on behalf of the Bindunbur Native Title Claim Group v State of Western Australia [2019] FCA 1873
  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
• 11 Nov 2019: Anderson on behalf of the Quandamooka People (Mulgumpin/Moreton Island Claim) v State of Queensland [2019] FCA 1886
  NATIVE TITLE - application for joinder as respondent to native title determination application - whether joinder is in the interests of justice - strength of proposed case - where application made at a late stage in proceedings - prejudice to parties - whether alternative means available to pursue grievance - joinder refused
  Judge: Rangiah J
• 4 Nov 2019: Nicholls on behalf of the Bundjalung People of Byron Bay and Attorney General of New South Wales (No 2) [2019] FCA 1797
  PRACTICE AND PROCEDURE - application by non-party for leave to inspect affidavit - where affidavit relied on in support of application for determination of native title by consent - where affidavit not subject to privilege claim, confidentiality order or non-publication order
  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.