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

• 21 May 2019: Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia [2019] FCA 655
  NATIVE TITLE - consent determination - agreement of the parties - where interlocutory application brought prior to determination seeking orders under s 66B of the Native Title Act 1993 (Cth) to replace the applicant - where newly constituted applicant duly authorised by claim group - requirements of s 66B of the Native Title Act 1993 (Cth)…
  Judge: Mortimer J
• 20 May 2019: Northern Land Council v Quall [2019] FCAFC 77
  ADMINISTRATIVE LAW - delegation of statutory functions and powers - distinction between authorisation and delegation - the Carltona principle - principles for determining whether a power or function is delegable - effect of delegation NATIVE TITLE - whether a representative body under the Native Title Act 1993 (Cth) is able to delegate its power…
  Judge: Griffiths, Mortimer and White JJ
• 13 May 2019: Pegler on behalf of the Widi People of the Nebo Estate #1 v State of Queensland [2019] FCA 711
  NATIVE TITLE - application for joinder as party to proceeding - whether the applicant for joinder has a relevant interest - whether interest may be affected by a determination in the proceedings - whether joinder is in interests of justice - application opposed by claim group - previous application dismissed - application for joinder made at late…
  Judge: Rangiah 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.