Thought leadership

Native Title Year in Review 2024-2025

09 September 2025

Welcome to Ashurst's annual review of native title legal developments.

We are delighted to publish our tenth annual Native Title Year in Review!

So much has changed in this critical area of law and practice since our Native Title Year in Review 2015, most notably the increased role that First Nations communities rightfully play in relation to land use on their country.

Commonwealth and State laws, together with government policy, societal expectations and the demands of achieving and maintaining social licence, are all constantly changing.

In our 2015 edition, we noted that, "native title remains a contested field", but that the resolution of some complex claims and other disputes that year showed, "the maturing of the native title system". We said that, "looking forward, we expect the much anticipated compensation phase to gain more traction".

While compensation issues have been at the forefront of some developments over the last few years, no one could predict the enormous impact that developments in the non-native title space would have on native title law and practice.

Consistent with our longstanding practice, in addition to covering the last 12 months of native title case law, this publication also covers developments in relation to cultural heritage, land rights, Treaty and agreement-making with First Nations Peoples.

This year's publication includes the following articles:

Landmark High Court decision exposes Commonwealth to native title compensation liability

Glacial progress of developments in native title compensation

High Court confirms Native Title Act connection can be met by spiritual connection

Full Court upholds negative determination in contested non-claimant application

Public interest key to Santos' success in the National Native Title Tribunal

Native title claims with authorisation defects risk strike-out applications

Indigenous respondents can be removed as parties from native title claims

Native title costs decisions: trends and recent developments

Second mining lease renewals to trigger the RTN: WA Guidance causes uncertainty

Native Title Act's expedited procedure under challenge

Australian Law Reform Commission releases Discussion Paper in future acts regime inquiry

Little progress in cultural heritage reforms around Australia in 2024-2025

Commonwealth cultural heritage protection applications: still top of mind for First Nations Groups

First Nations underwater cultural heritage under increasing scrutiny

First Nations consultation requirements for offshore projects

Treaty update – full steam ahead in some jurisdictions, while others wind back progress

"Claimable Crown lands" under NSW Aboriginal Land Rights Act – new law after 40+ years

Native Title experts

Our national Ashurst team has remained at the forefront of developments in these fields.

Over the last 12 months, highlights of our team's work have included:

being recognised as Band 1 in Native Title (Proponents) in Chambers Asia-Pacific, a ranking that we have maintained since 2007. We could not have achieved this recognition without the opportunities and trust our clients place in us;
undertaking agreement negotiations for projects that will deliver critical energy transition for Australia, and for countries beyond our shores; and

continuing to assist clients to navigate the gap between current laws and best practice.

The next 12 months will bring some important native title appeal decisions and possibly the introduction of new Federal cultural heritage legislation. There may even be proposed reforms to the Native Title Act arising from the Australian Law Reform Commission current review into the future act regime.

As always, we look forward to working with our commercial, government and First Nations clients to find practical and respectful solutions addressing native title and cultural heritage matters on projects around Australia, and, in particular, playing our role in the world's energy transition. We are so grateful for the support and collegiality of our clients, colleagues and friends across the sector ,with whom we get to work on exciting projects, developments and transactions.

We encourage you to contact us if you would like to discuss any aspect of this publication.

In the meantime, our best wishes for the next 12 months.

The articles in this 2024-2025 publication are current as of 22 August 2025.

Thought leadership