Native Title Law Database

The Native Title Law Database is the most comprehensive collection of publicly accessible native title case and legislation summaries in Australia. Previously published as What's New in Native Title, the database is a key resource for traditional owners, practitioners and researchers.

Each item includes a summary and link to the source judgement or piece of legislation. Use the Search all function to search by legal issue or subject, court, native title or language group names, year, jurisdiction, and any other keywords or phrases.

Summaries of cases and legislation from 2013 to 2018 are now available on the database. Summaries of earlier legal developments will become available on a rolling basis throughout 2019.

What's New in Native Title will be available here during the transition period.

To receive updates from the Native Title Law Database, please subscribe to Native Title Research news here.

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Displaying 21 to 40 of 666 items.

Search across all case and legislation fields.
E.g. Worimi 2018
Title Year Issues Legislation considered
FQM Australia Nickel Pty Ltd v Bullen [2011] FCAFC 30 2011 Right to negotiate s 28 Native Title Act 1993 (Cth), s 66B Native Title Act 1993 (Cth)
Noelene Margaret Edwards v Santos Limited [2011] HCA 8; 242 CLR 421 Injunction, Judicial review, Right to negotiate, Standing
Dale v State of Western Australia [2011] FCAFC 46 2011 Abuse of process, Connection, Estoppel, Overlap
Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations [2011] FCAFC 88 2011 Judicial review Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
Cheedy on behalf of the Yindjibarndi People v State of Western Australia [2011] FCAFC 100 2011 Inconsistency of incidents test, International law / obligations, Judicial review, Licence s 116 Constitution
Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 2) [2011] FCAFC 110 2011 Judicial review Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 3) [2011] FCA 1019 2011 Injunction, Judicial review, Special administration Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
Smith v Marapikurrinya Pty Ltd [2011] FCAFC 150 2011 Standing, Authorisation Trade Practices Act 1974 (Cth)
Cheedy on behalf of the Yindjibarndi People v Western Australia (No 2) [2011] FCAFC 163 2011 Costs Federal Court of Australia Act 1976 (Cth), s 85A Native Title Act 1993 (Cth)
Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 4) [2012] FCAFC 50 2012 Costs, PBC Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
Dietman v Karpany [2012] SASCFC 53 2012 Clear and plain intention, Criminal defence, Extinguishment, Inconsistency of incidents test, Licence, Rights and interests - customary fishing, Tradition, Usufructuary or proprietary Fisheries Management Act 2007 (SA), Racial Discrimination Act 1975 (Cth), s 109 Constitution, s 211 Native Title Act 1993 (Cth)
Brown (on behalf of the Ngarla People) v State of Western Australia [2012] FCAFC 154 2012 Clear and plain intention, Exclusive possession, Extinguishment, Inconsistency of incidents test
Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2013] FCAFC 18 2013 Suppression
State of Western Australia v Ward [2013] FCAFC 54 2013 Extinguishment, Non-extinguishment principle, Past act, Suppression s 61 Native Title Act 1993 (Cth)
State of Western Australia v Fazeldean on behalf of the Thalanyji People (No 2) [2013] FCAFC 58 2013 Abuse of process, Connection, Dismissal, Estoppel
Karpany v Dietman [2013] HCA 47; 252 CLR 507 Clear and plain intention, Criminal defence, Extinguishment, Inconsistency of incidents test, Rights and interests - customary fishing, Tradition, Usufructuary or proprietary Fisheries Act 1971 (SA), Fisheries Management Act 2007 (SA), Racial Discrimination Act 1975 (Cth), s 109 Constitution, s 211 Native Title Act 1993 (Cth)
Budby on behalf of the Barada Barna People v State of Queensland [2013] FCAFC 149 2013 Abuse of process, Judicial review
State of Western Australia v Graham on behalf of the Ngadju People [2013] FCAFC 143 2013 Connection, Connection - pathway, Rights and interests - sea s 225 Native Title Act 1993 (Cth)
Congoo on behalf of the Bar-Barrum People #4 v State of Queensland [2014] FCAFC 9 2014 Compulsory acquisition, Extinguishment, Inconsistency of incidents test, Just terms, Objective intention Lands Acquisition Act 1906 (Cth), s 51(xxxi) Constitution
Western Australia v Brown [2014] HCA 8; 253 CLR 507 Contingent extinguishment, Extinguishment, Inconsistency of incidents test, Objective intention

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