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

• 2 Sep 2026: Davey on behalf of the Gudanji, Yanyuwa and Yanyuwa-Marra Peoples v Northern Territory of Australia (No 8) [2026] FCA 1301
  PRACTICE AND PROCEDURE – variation of suppression orders to ensure operation for finite period
  Judge: BANKS-SMITH J
• 2 Sep 2026: Bell on behalf of the Wakka Wakka People #4 v State of Queensland (No 4) [2026] FCA 1248
  NATIVE TITLE – application for consent determination of native title in part of the claim area under s 87A of the Native Title Act 1993 (Cth) – whether the parties have satisfied the criteria set out in s 87A – whether it is appropriate for the Court to make an order in the terms of the agreement reached by the parties – determination made
  Judge: RANGIAH J
• 31 Aug 2026: Gilla on behalf of the Yugunga-nya People v State of Western Australia (No 5) [2026] FCA 1255
  NATIVE TITLE – overlapping native title determination applications – claims brought by both the Yugunga nya and Gingirana claim groups – where trial adjourned pending ongoing mediation – where necessary to proceed to formal determination – whether either or both of the Yugunga nya and Gingirana claim groups have native title rights and interests…
  Judge: BANKS-SMITH J

Latest Speeches & Papers

• 30 May 2022: A journey that's bittersweet
  An opinion piece published in the West Australian newspaper by Justice Banks-Smith
  
• 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.