The Federal Court Native Title Claim (VID1466/2025), filed on behalf of the Wurundjeri Woi-wurrung People, covers approximately 10,424 square kilometres across metropolitan Melbourne and surrounding regions.
Because the claim overlaps with Port Phillip’s municipal boundaries, the outcome could affect Council-managed Crown land, infrastructure and service delivery. Under the Native Title Act 1993 (Cth), the Council has been invited to file a Form 5 notice by 21 July to secure formal standing. Joining after this deadline would require leave of the Federal Court.
Council officers have recommended joining the proceedings to ensure the municipality remains informed, can participate in mediation, and can protect its operational assets. Officials stressed that joining is a procedural, non-adversarial step. It does not indicate support for, or opposition to, the claim, nor does it express a preference for any Traditional Owner group, as the Council maintains a neutral position.
Native title recognises pre-existing rights based on Traditional Owners’ laws and customs. It does not transfer ownership or affect private freehold land, focusing instead on Crown land where rights may coexist.
If the Council joins, indicative legal costs are estimated at $50,000 over several years, including $15,000 for lodging the Form 5 notice. These costs are expected to be managed within existing budgets.
Background: The Wurundjeri Woi-wurrung native title claim complements the Victorian Treaty process by establishing foundational federal legal recognition. By securing native title rights on Crown land first, the Wurundjeri strengthen their legal standing and bargaining power in future state-based treaty negotiations.
While this legal process seeks rights such as access to Crown land and cultural protection, it operates alongside — and in support of — the Victorian Treaty negotiations.
