Determinations of the Federal Court Part 4
Agreements and unopposed applications Division 1C
Section 86F
Division 1C—Agreements and unopposed applications
86F Agreement to settle application etc.
Parties may negotiate for agreement
(1) Some or all of the parties to a proceeding in relation to an
application may negotiate with a view to agreeing to action that
will result in any one or more of the following:
(a) the application being withdrawn or amended;
(b) the parties to the proceeding being varied;
(c) any other thing being done in relation to the application.
The agreement may involve matters other than native title.
Assistance by NNTT
(2) The parties may request assistance from the NNTT in negotiating
the agreement.
Information obtained in providing assistance not to be used or
disclosed in other contexts
(2A) The NNTT must not use or disclose information to which it has
had access only because it provided assistance in negotiating the
agreement except for the following purposes:
(a) providing assistance in negotiating the agreement;
(b) mediating in relation to the whole or any part of the
proceeding;
without the prior consent of the person who provided the NNTT
with the information.
Court may order adjournment to help negotiations
(3) The Federal Court may order an adjournment of the proceeding to
allow time for the negotiations. It may do so on its own motion or
on application by a party.
Compilation No. 47
Native Title Act 1993
263
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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