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

• 18 Sep 2019: Ah-Chee v Stuart [2019] FCAFC 165
  PRACTICE AND PROCEDURE - application for leave to appeal from interlocutory judgment of primary judge in which orders were made, based on cultural and customary concerns of claimant groups, in relation to the evidence in proceedings for the determination of overlapping claims of native title - insufficient doubt in correctness of the orders and…
  Judge: Reeves, Griffiths and Charlesworth JJ
• 13 Sep 2019: Wyles on behalf of the Gurambilbarra Wulgurukaba People v State of Queensland [2019] FCA 1502
  NATIVE TITLE - application for joinder as respondent to native title determination application - whether applicant for joinder has a relevant interest - whether that interest may be affected by a determination in the proceedings - whether joinder is in the interests of justice - order for joinder made.
  Judge: Rangiah J
• 6 Sep 2019: Alvoen on behalf of the Wakaman People #3 v State of Queensland [2019] FCA 1469
  NATIVE TITLE - applications under s 84(8) of the Native Title Act 1993 (Cth) to remove two respondent parties - where the two respondent parties are not dissentient members of the claim group - where the two respondent parties are not pursuing intra-mural disputes - where the two respondent parties are acting to protect their native title…
  Judge: Reeves 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.