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 Jan 2021:
KD (deceased) on behalf of the Mirning People v State of Western Australia [2021] FCA 10
NATIVE TITLE - determination of native title by consent pursuant to s 87 of the Native Title Act 1993 (Cth) - where parties seek determination that native title does not exist - where determination proposed to take effect once State satisfied indigenous land use agreement conclusively registered - whether appropriate to make orders in terms…
Judge: Colvin J - 18 Jan 2021:
Northern Land Council v Quall (No 3) [2021] FCAFC 2
PRACTICE AND PROCEDURE - application for leave to adduce further evidence - whether the Court should in its discretion under s 27 of the Federal Court of Australia Act 1976 (Cth) admit further evidence in the appeal - leave granted NATIVE TITLE - whether the certification function conferred on the Northern Land Council by s 203BE(1)(b) of the…
Judge: Griffiths, Mortimer and White JJ - 18 Jan 2021:
Harkin on behalf of the Nanatadjarra People v State of Western Australia (No 2) [2021] FCA 3
NATIVE TITLE - interlocutory application for summary dismissal or strike out of a native title determination application - whether there are reasonable prospects of the native title applicant establishing that the native title claim was properly authorised within the meaning of ss 61(1) and 251B of the Native Title Act 1993 (Cth) - separate…
Judge: Griffiths 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.
Form & Rules
The key forms and rules for commencing “main applications” are:
- Commencing a native title determination application by a claimant:
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- Commencing a determination application by a non-claimant:
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- Commencing a compensation application:
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Legislation
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