Part 4 Determinations of the Federal Court
Division 1C Agreements and unopposed applications
Section 86G
Court may end adjournment
(4) The Federal Court may order that the adjournment end. It may do
so:
(a) on its own motion; or
(b) on application by a party; or
(c) if the NNTT reports that the negotiations are unlikely to
succeed.
Court’s powers not limited
(5) Subsection (3) does not limit the Federal Court’s powers to order
an adjournment.
86G Unopposed applications
Federal Court may make order
(1) If, at any stage of a proceeding in relation to an application under
section 61, but after the end of the period specified in the notice
given under section 66:
(a) the application is unopposed; and
(b) the Federal Court is satisfied that an order in, or consistent
with, the terms sought by the applicant is within the power of
the Court;
the Court may, if it appears appropriate to do so, make such an
order without holding a hearing or, if a hearing has started, without
completing the hearing.
Note:
If the application involves making a determination of native title, the
Court’s order would need to comply with section 94A (which deals
with the requirements of native title determination orders).
Meaning of unopposed
(2) For the purpose of this section, an application is unopposed if the
only party is the applicant or if each other party notifies the Federal
Court in writing that he or she does not oppose an order in, or
consistent with, the terms sought by the applicant.
264
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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