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
- 6 Feb 2025:
O'Shea v State Minister for the State of Queensland [2025] FCA 52
NATIVE TITLE - non-claimant application for determination of native title under s 61(1) Native Title Act 1993 (Cth) - negative determination - s 86G Native Title Act - whether within power and appropriate for Court to make orders sought - no participation in proceedings by representative body - no response to public notification of claim by…
Judge: Collier J - 6 Feb 2025:
Sandow on behalf of the Bigambul People #5 v State of Queensland [2025] FCA 53
NATIVE TITLE - interlocutory application to strike out competing native title determination - section 84C Native Title Act 1993 (Cth) - whether native title determination application properly authorised - whether application brought on behalf of subset of claim group - whether authorisation notice afforded a reasonable opportunity to participate…
Judge: Collier J - 31 Jan 2025:
Malone on behalf of the Western Kangoulu People v State of Queensland (No 4) [2025] FCA 36
NATIVE TITLE - application for joinder under s 84(5) of the Native Title Act 1993 (Cth) - where joinder applicant asserts native title rights and interests - whether joinder applicant has adduced evidence of native title rights and interests in the claim area - whether joinder in the interests of justice - application dismissed
Judge: O'Bryan 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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