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Native Title Year in Review 2025 - 2026

October 30, 2026

Layered mountain ridges fading into golden haze at sunrise, seen from a high vantage point.

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

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

Last year we reflected on the changes in this critical area of law and practice in the decade since publication of our first edition of Native Title Year in Review in 2015, most notably the ever-increasing role that First Nations communities play in relation to land use on their country.

The last 12 months has seen two significant native title compensation decisions that finally build on the High Court's 2019 Timber Creek decision to set out the method for calculating the dollar value of native title compensation (Davey on behalf of the Gudanji, Yanyuwa and Yanyuwa-Marra Peoples v Northern Territory of Australia (No 5) (McArthur River Project Compensation Claim) [2026] FCA 153 and Yindjibarndi Ngurra Aboriginal Corporation RNTBC v State of Western Australia (No 2) [2026] FCA 585. Yindjibarndi is subject to an appeal, but in the meantime these decisions are already having an impact on claim resolution and agreement-making.

Progress on the policy front has been slow. Reform to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) remains unresolved, and the Commonwealth Government is yet to release a draft National Environment Standard for First Nations Engagement under the reformed Environment Protection and Biodiversity Conservation Act 1999 (Cth). The Commonwealth Government is also yet to respond in any detail to the Australian Law Reform Commission's report Fulfilling the Promise of Mabo: Reforming the Future Acts Regime in the Native Title Act 1993 (Cth) Final Report, which recommends sweeping changes to the future acts regime in the Native Title Act 1993 (Cth).

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

This year's publication includes the following articles:

Close-up of pink and coral young leaves on a slender branch covered in water droplets, against a soft green background.

ALRC recommends sweeping Native Title Act changes

A scenic mountain range featuring numerous red hills under a clear blue sky.

$54M for cultural loss in McArthur River Mine native title compensation claim

Aerial view of red, iron-rich outback ridges and escarpments with sparse scrub, and distant blue ranges beyond.

Federal Court creates more precedent for native title compensation

Red sandy outback soil dotted with silvery saltbush and native trees under a blue sky with streaks of cloud.

Inching forward: native title compensation in 2025-2026

Aerial view of shallow turquoise water winding between sandbanks and green mangroves in a river estuary.

Native title connection: what the Courts said in 2025-2026

Aerial view of a small Australian town with mixed rooftops and mature trees, and rolling green and golden hills at golden hour.

Extinguishment and validity of tenure still being litigated in 2026

Eucalyptus trees silhouetted at sunrise above a misty valley, with dry red-brown grass in the foreground.

Mining and petroleum leases prevent section 47B applying

Eroded outback mesas with red, white and ochre rock bands above a vast plain at twilight.

Second mining lease renewals and the right to negotiate

Aerial view of a green tidal channel winding through red outback country and mangroves to a sandy beach and the sea.

Expedited procedure challenge heads to the High Court

Ornate brass scales of justice against a blue gradient background.

Costs at the crossroads: native title and section 85A

Melbourne city skyline seen from leafy suburban hills with eucalyptus canopy and rooftops in the foreground

Metropolitan native title claims

Golden sunrise streaming through misty eucalyptus bushland with a rocky foreground.

Cultural heritage law reform around Australia

Pink eucalyptus blossoms and orange buds among olive-green leaves against a blue sky.

Commonwealth cultural heritage protection applications are on the rise

Aerial view of a sandy beach meeting the blue ocean, showcasing waves and shoreline under a clear sky.

First Nations engagement under the EPBC Act reforms

Aerial view of a misty tropical forest canopy with sunbeams streaming through the fog.

Treaty Update – what is Victoria's Treaty and where are other jurisdictions up to to?

Aerial view of a dark river forming S-shaped bends through dense green rainforest.

Native title and cultural rights to water rise to the surface in 2026

Aerial view of a red dirt road through outback country dotted with trees and spinifex.

First prison sentence imposed under NT Sacred Sites Act

Looking up through tall, pale-trunked eucalyptus trees towards a clear blue sky.

Cultural harm now a factor in environmental sentencing

A red dirt field interspersed with bushes and trees, showcasing a natural outdoor setting.

Meaning of Claimable Crown Lands in NSW Aboriginal Land Rights Act

Native Title experts

Our national Ashurst team is committed to remaining at the forefront of developments in these fields.

In this regard we were very proud to have Libby McKillop join our partner ranks this year, reflecting her deep native title expertise and exceptional practice.

We were also delighted to combine with Perkins Coie on 28 June 2026, becoming Ashurst Perkins Coie – a global law firm with 52 offices worldwide. We have found many like-minded colleagues in Perkins Coie's Native American law practice, which closely complements our native title and First Nations practice here in Australia. Our US colleagues advise on tribal lands, treaty rights, sacred sites, land claims, tribal consultation, intergovernmental agreements, and tribal co-management arrangements. Together, our combined team of native title and First Nations law experts shares expertise across jurisdictions, ensuring our clients benefit from a truly integrated global perspective.

Another highlight was being recognised again 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.

As always, we look forward to working with our commercial, government and First Nations clients in the coming year to find practical and respectful solutions addressing native title and cultural heritage matters on projects around Australia and beyond. We are so grateful for the support and collegiality of our clients, colleagues and friends across the sector, with whom we 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 2025-2026 publication are current as of 30 September 2026.

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