Native title can co-exist with non-indigenous proprietary rights and in some cases different indigenous groups can exercise their native title over the same land. In this way, it represents a local example of the fragmentation of proprietary interests. More particularly, it is also an example of two distinct systems of law operating within the same geographic, national and jurisdictional space. It is a recognition by the common law of Aboriginal law. However, to the extent of any inconsistency between Australian law and Aboriginal and Torres Strait Islander law, non-indigenous rights will generally prevail.

The National Native Title Tribunal is the body that investigates claims by Aboriginal and Torres Strait Islander peoples. Native title determinations are made by the High Court of Australia, the Federal Court of Australia or a recognised body, such as South Australia's Supreme Court and Environment Resources and Development Court. The National Native Title Register (NNTR) contains approved determinations.