Track record
Selected native title matters where David Saylor has represented Traditional Owner groups. Details have been published with the consent of the relevant communities or are on the public record of the Federal Court of Australia. Outcomes vary; past results do not indicate future outcomes.
The following are categories of work drawn from David Saylor's native title practice. Specific details are described only where the relevant community has given consent or where the matter is on the public record of the Federal Court of Australia. Native title matters are complex and long-running, this account is honest about that.
Acting for Traditional Owner groups in consent determination proceedings across North Queensland, Far North, Gulf Country, coastal and sea country. Claims require robust connection evidence and sustained negotiation with State respondents.
Following Northern Territory v Griffiths (2019), compensation now includes economic loss and non-economic loss for cultural and spiritual harm. David advises Traditional Owner groups on compensation arising from past extinguishment of native title rights.
Representing Traditional Owner groups in ILUA negotiations with governments, mining companies, renewable energy proponents and other proponents. Once registered with the NNTT, an ILUA binds all native title holders. Getting the terms right requires understanding the community's long-term interests.
Advising Traditional Owner groups and Aboriginal Cultural Heritage Bodies on heritage management under the Aboriginal Cultural Heritage Act 2003 (Qld). Cultural heritage protection applies to both land and sea country, and intersects with development and infrastructure approvals.
After a successful determination, the native title group establishes a Prescribed Body Corporate. David advises PBCs on constitutions, director duties, CATSI Act compliance and internal governance disputes, ensuring the body can manage Country and community resources effectively.
Acting for Traditional Owner groups in claims over sea country, coastal waters and offshore areas. Particularly significant for Island and coastal communities in the Torres Strait and along the Queensland coast, where connection to the sea and its resources is central to cultural life.
Each of the following matters is on the public record of the Federal Court of Australia.
David worked and lived in the Torres Strait for five years and was the Solicitor on the record for native title claims over several islands. David was also the Solicitor on the record for the landmark Torres Strait Regional Seas Claim of Akiba v Queensland, which was a claim over some 42,000 square kilometres of sea.
After hearing all of the evidence the Judge ruled that Torres Strait Islanders are part of a single society and that they have the right to take resources, including the right to take marine resources for trading or commercial purposes. The Torres Strait Regional Seas Claim was the first native title claim in Australia to recognise native title rights to take resources for trade and commerce.
The Jangga native title claim was filed in 1998 and finalised by a consent determination in 2012. David became the Solicitor on the record in 2009. Prior to David becoming the Solicitor, the Jangga claim was on the verge of being dismissed.
David worked closely with the Applicant, the Traditional Owners and the anthropologist to prepare evidence and enter into negotiations with the State of Queensland. The State eventually accepted connection and an on country consent determination was held in August 2012.
The Gugu Badhun native title claim was filed in 2005. David became the Solicitor on the record in 2009. The claim was determined on country in August 2012: native title is held by the Gugu Badhun people over an area of approximately 6,540 km² of lands and waters in the Upper Burdekin region of far north Queensland.
The Court was satisfied that the Gugu Badhun people were descended from the community of Gugu Badhun speaking people who used and occupied the determination area prior to 1788.
David was engaged by the GNP Applicant in July 2018. After a contested hearing of separate questions regarding connection, the Gaangalu Nation People claim group were not successful in proving their continuing connection to country, and the Court made a negative determination finding that native title did not exist in relation to the whole of the claim area.
In a landmark December 2025 decision, the Full Federal Court of Australia upheld all five grounds, allowed the appeal by the Gaangalu Nation People and set aside the negative determination. Orders were subsequently made remitting the claim to a single Judge of the Federal Court.
The State made two special leave to appeal applications and on 6 August 2026 six High Court Judges made an order that special leave to appeal is refused in each application with costs.
David Saylor has represented claim groups in consent determinations across North Queensland and the Torres Strait. The Widi People consent determination in July 2019, held on country after a claim was lodged in 2006, is one example of the kind of long-term commitment these matters require.
The consent determination was held on country, with the Federal Court judge and court staff present. The matter is on the public record of the Federal Court of Australia.
