Determinations of the Federal Court Part 4
General Division 1A
Section 84C
84C Striking out applications for failure to comply with
requirements of this Act
Strike-out application
(1) If an application (the main application) does not comply with
section 61 (which deals with the basic requirements for
applications), 61A (which provides that certain applications must
not be made) or 62 (which requires applications to be accompanied
by affidavits and to contain certain details), a party to the
proceedings may at any time apply to the Federal Court to strike
out the application.
Note:
The main application may still be amended even after a strike-out
application is filed.
Court must consider strike-out application before other
proceedings
(2) The Court must, before any further proceedings take place in
relation to the main application, consider the application made
under subsection (1).
Federal Court Chief Executive Officer to advise Native Title
Registrar of application etc.
(3) The Federal Court Chief Executive Officer must advise the Native
Title Registrar of the making of any application under
subsection (1) and of the outcome of the application.
Other strike-out applications unaffected
(4) This section does not prevent the making of any other application
to strike out the main application.
84D Proceedings affected by possible defect in authorisation
(1) The Federal Court may make an order requiring:
Compilation No. 47
Native Title Act 1993
251
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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