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
- 22 Sep 2022:
Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 10) [2022] FCA 1129
NATIVE TITLE - non-compliance by respondent council with Court ordered timetable - application by respondent council for extension of deadlines in timetables relating to s 87A agreements - likely effects on consent determinations scheduled in early October 2022 - application allowed in part - future consideration of removal of respondent council…
Judge: Mortimer J - 8 Sep 2022:
Saltmere on behalf of the Indjalandji-Dhidhanu People v Northern Territory of Australia (Rocklands Pastoral Lease Proceeding) [2022] FCA 1040
NATIVE TITLE - application for consent determination of native title - where parties filed minute of proposed orders and determination of native title - where the applicants and the first respondent prepared an agreed statement of facts - whether the preconditions in ss 87 and 87A of the Native Title Act 1993 (Cth) satisfied - whether proposed…
Judge: Moshinsky J - 26 Aug 2022:
Smirke on behalf of the Jurruru People v State of Western Australia (No 4) [2022] FCA 993
NATIVE TITLE - consent determination - where determination made on the basis of mediation following a contested determination of a separate question - where nominated prescribed body corporate differs from that determined to hold similar native title on behalf of a similar, but not identical, common law native title holding group
Judge: Mortimer J
Latest Speeches & Papers
- 3 Jun 2022:
Native Title - Compensation for economic loss
Delivered at the National Judicial College of Australia - 30th Anniversary of Mabo Conference, by Justice Jagot - 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.
Form & Rules
The key forms and rules for commencing “main applications” are:
- Commencing a native title determination application by a claimant:
Forms: | |
Rules: |
|
- Commencing a determination application by a non-claimant:
Forms: | |
Rules: |
|
- Commencing a compensation application:
Forms: | |
Rules: |
|
Legislation
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
