Litigated Determination (Native Title Act 1993 (Cth)) (Australia)


A litigated determination is a decision by an Australian court or other recognised body that native title does or does not exist in a particular area of land or waters, which is made following a trial.

Extended Definition

The Native Title Act 1993 (Cth) sets out that a native determination can be made by an Australian Court (such as the Federal Court or High Court) or another 'recognised body'. A recognised body must be a court, office, tribunal or body of a State or Territory that the Commonwealth Attorney-General has formally recognised to make determinations in relation to areas of particular land or waters. The Attorney-General must be satisfied that the body will operate in a way that is consistent with the Act.

In making a determination of native title, the court must:
- decide whether or not native title exists in respect of the determination area,
- identify the group that holds native title,
- state the nature and extent of the native title rights and interests, and
- set out other rights and interests in the determination area and the relationship between those rights and native title.

A litigated determination is often referred to as simply a 'determination'. A 'consent determination' is the term used to described determinations reached by agreement between the interest holder parties in the area of a native title claim.