Determinations of the Federal Court Part 4
Agreements and unopposed applications Division 1C
Section 87
87 Power of Federal Court if parties reach agreement
Application
(1) This section applies if, at any stage of proceedings after the end of
the period specified in the notice given under section 66:
(a) agreement is reached on the terms of an order of the Federal
Court in relation to:
(i) the proceedings; or
(ii) a part of the proceedings; or
(iii) a matter arising out of the proceedings; and
(aa) all of the following are parties to the agreement:
(i) the parties to the proceedings;
(ii) the Commonwealth Minister, if the Commonwealth
Minister is intervening in the proceedings at the time the
agreement is made; and
(b) the terms of the agreement, in writing signed by or on behalf
of the parties to the proceedings and, if subparagraph (aa)(ii)
applies, the Commonwealth Minister, are filed with the
Court; and
(c) the Court is satisfied that an order in, or consistent with,
those terms would be within the power of the Court.
When a registered native title claimant is taken to be a party to the
agreement
(1AA) The requirements that a party to the proceedings that is a registered
native title claimant be a party to the agreement and sign the terms
of the agreement are satisfied if:
(a) a majority of the persons who comprise the registered native
title claimant are parties to the agreement and sign the terms,
unless paragraph (b) applies; or
(b) if conditions under section 251BA on the authority of the
registered native title claimant provide for the persons who
must become a party to the agreement and sign the terms—
those persons are parties to the agreement and sign the terms.
Compilation No. 47
Native Title Act 1993
265
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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