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
- 10 Nov 2026:
Bowler Enterprises Pty Ltd v State Minister for the State of Queensland [2026] FCA 1678
NATIVE TITLE – non-claimant application for determination of native title under ss 13(1) and 61(1) of the Native Title Act 1993 (Cth) – determination sought under s 86G that no native title exists over certain land the subject of rolling term leases in Queensland – whether within power and appropriate to make orders sought – neither representative …
Judge: MCEVOY J - 4 Nov 2026:
Antakirinja Matu-Yankunytjatjara Aboriginal Corporation RNTBC v State of South Australia [2026] FCA 1663
NATIVE TITLE – application under s 61 of the Native Title Act 1993 (Cth) to vary approved determination of native title – informal application by respondent to challenge description of native title holders in existing determination – where variation application does not seek any variation of the description of native title holders in existing…
Judge: O'BRYAN J - 16 Oct 2026:
Sampi on behalf of the Koongie-Elvire Native Title Claim Group v State of Western Australia (No 2) [2026] FCA 1564
PRACTICE AND PROCEDURE – Application to strike out paragraphs and parts of paragraphs of statement of facts, issues and contentions – Whether r 16.21 of the Federal Court Rules 2011 (Cth) applies to a statement of facts, issues and contentions – Where proceeding is in final stages before commencement of trial of a separate question – Whether the…
Judge: LONGBOTTOM J
Latest Speeches & Papers
- 30 May 2022:
A journey that's bittersweet
An opinion piece published in the West Australian newspaper by Justice Banks-Smith
- 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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