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

• 17 Apr 2025: Malone on behalf of the Western Kangoulu People v State of Queensland (No 6) [2025] FCA 363
  NATIVE TITLE – application for determination of native title – separate questions concerning the existence of native title – where trial of separate questions conducted between the applicant and the State of Queensland – where subsequent to trial the parties engaged in mediation and reached agreement on a statement of agreed facts – leave granted…
  Judge: O'BRYAN J
• 17 Apr 2025: Charlie v State of Queensland [2025] FCAFC 55
  NATIVE TITLE – where primary judge on separate question upheld validity of special leases granted by the Governor in Council over land excluded from consent determination – whether special leases were validly granted and constituted previous exclusive possession acts as defined in the Native Title Act 1993 (Cth) which wholly extinguished native…
  Judge: PERRY, BURLEY AND SARAH C DERRINGTON JJ
• 14 Apr 2025: Malone on behalf of the Western Kangoulu People v State of Queensland (No 5) [2025] FCA 353
  COSTS – where application for joinder under s 84(5) of the Native Title Act 1993 (Cth) (Native Title Act) dismissed – application for indemnity costs order against joinder applicant pursuant to s 85A(2) of the Native Title Act – Court’s discretion to award costs in Native Title proceedings – where conduct of joinder applicant unreasonable in the…
  Judge: O'BRYAN 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.