Native Title Law
Claim group
The group of Aboriginal or Torres Strait Islander persons on whose behalf a native title determination application is made. Members must authorise the claim and an Applicant to bring the claim.
The group of Aboriginal or Torres Strait Islander persons on whose behalf a native title determination application is made. Members must authorise the claim and an Applicant to bring the claim.
The claim group is the group of Aboriginal or Torres Strait Islander persons on whose behalf a native title determination application is made in the Federal Court. The claim group is identified in the application and must be described by reference to their connection to the determination area under traditional laws and customs. Before a claim is lodged, the claim group members must authorise the application and the named applicants. This authorisation requirement is fundamental: a claim that has not been properly authorised can be challenged and may be struck out. The claim group is not the same as the named applicants, who are the individuals authorised to take steps in the proceeding on behalf of the group. After a successful determination, the native title holders are the persons who are identified as holding native title rights in the determination, which may be broader or narrower than the original claim group.
Related terms
Native Title Law
Native title
The recognition by Australian law of Aboriginal and Torres Strait Islander peoples' rights and interests in land and waters, held under traditional laws and customs. Recognised under the Native Title Act 1993 (Cth) where those rights have been maintained since before British sovereignty and have not been extinguished.
Native Title Law
Connection evidence
Evidence that a native title claim group has maintained their traditional laws, customs and connection to the claim area from before British sovereignty to the present. A fundamental requirement for a successful native title determination.
Native Title Law
Consent determination
A determination that native title exists in an area, made by the Federal Court with the agreement of all parties, avoiding a contested hearing. The most common pathway to a positive native title determination.
What this means in practice
Native title law uses a specialist vocabulary. Understanding what a term means in its legal context helps Traditional Owner groups, PBCs and community members follow their matter, and ask better questions of their lawyer.
If the definition above raises a question specific to your claim, compensation matter or PBC, David Saylor is available to discuss it directly.