Part 4 Determinations of the Federal Court
Division 1A General
Section 85
(a) a person who, either alone or jointly with another person,
made an application under section 61, to produce evidence to
the court that he or she was authorised to do so; or
(b) a person who has dealt with a matter, or is dealing with a
matter, arising in relation to such an application, to produce
evidence to the court that he or she is authorised to do so.
(2) An order under subsection (1) may be made:
(a) on the Federal Court’s own motion; or
(b) on the application of a party to the proceedings; or
(c) on the application of a member of the native title claim group
or compensation claim group in relation to the application.
(3) Subsection (4) applies if:
(a) an application does not comply with section 61 (which deals
with the basic requirements for applications) because it was
made by a person or persons who were not authorised by the
native title claim group to do so; or
(b) a person who is or was, or one of the persons who are or
were, the applicant in relation to the application has dealt
with, or deals with, a matter arising in relation to the
application in circumstances where the person was not
authorised to do so.
Note:
Section 251B states what it means for a person or persons to be
authorised to make native title determination applications or
compensation applications or to deal with matters arising in relation to
them.
(4) The Federal Court may, after balancing the need for due
prosecution of the application and the interests of justice:
(a) hear and determine the application, despite the defect in
authorisation; or
(b) make such other orders as the court considers appropriate.
85 Representation before Federal Court
A party may appear in person or may be represented by a barrister,
a solicitor or, with the leave of the Federal Court, another person.
252
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
Выберите целевой абзац3
Подключиться к абзацу
Connect to an entity
Disable highlights
Добавить в оглавление