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

• 28 Sep 2020: McKellar on behalf of the Wongkumara People v State of Queensland [2020] FCA 1394
  NATIVE TITLE - application for joinder as respondent to a native title determination application - applicable principles in relation to joinder - where applicant was represented in the earlier proceedings in relation to the same claim area - where applicant was a party in an earlier proceeding in relation to the same claim area based on the same…
  Judge: Murphy J
• 21 Sep 2020: Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland [2020] FCA 1353
  Judge: Mortimer J
• 10 Sep 2020: Ryan on behalf of the members of the Central Limbunya, Nawurlala, Parayi-Kakaru and Tjutamalin landholding groups v Northern Territory of Australia [2020] FCA 1283
  NATIVE TITLE - consent determination - requirements under s 87 of the Native Title Act 1993 (Cth) - agreement of all parties - determination of native title by consent.
  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.