Determinations of the Federal Court Part 4
General Division 1A
Section 80
Division 1A—General
80 Operation of Part
The provisions of this Part apply in proceedings in relation to
applications filed in the Federal Court that relate to native title.
81 Jurisdiction of the Federal Court
The Federal Court has jurisdiction to hear and determine
applications filed in the Federal Court that relate to native title and
that jurisdiction is exclusive of the jurisdiction of all other courts
except the High Court.
82 Federal Court’s way of operating
Rules of evidence
(1) The Federal Court is bound by the rules of evidence, except to the
extent that the Court otherwise orders.
Concerns of Aboriginal peoples and Torres Strait Islanders
(2) In conducting its proceedings, the Court may take account of the
cultural and customary concerns of Aboriginal peoples and Torres
Strait Islanders, but not so as to prejudice unduly any other party to
the proceedings.
Maximising use of video links, audio links and other appropriate
means of giving testimony, appearing and making submissions
(3) The Court or a Judge must exercise the discretion under
section 47B of the Federal Court of Australia Act 1976 to allow a
person to appear before the Court or Judge, or make a submission
to the Court or Judge, by way of video link, audio link or other
appropriate means if the Court or the Judge is satisfied that:
Compilation No. 47
Native Title Act 1993
245
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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