Part 4 Determinations of the Federal Court
Division 1C Agreements and unopposed applications
Section 87
(1AB) The persons in the majority must notify the other persons who
comprise the registered native title claimant within a reasonable
period after becoming parties to the agreement and signing the
terms, as mentioned in paragraph (1AA)(a). A failure to comply
with this subsection does not invalidate the agreement or any
signature.
Power of Court
(1A) The Court may, if it appears to the Court to be appropriate to do so,
act in accordance with:
(a) whichever of subsection (2) or (3) is relevant in the particular
case; and
(b) if subsection (5) applies in the particular case—that
subsection.
Agreement as to order
(2) If the agreement is on the terms of an order of the Court in relation
to the proceedings, the Court may make an order in, or consistent
with, those terms without holding a hearing or, if a hearing has
started, without completing the hearing.
Note:
If the application involves making a determination of native title, the
Court’s order would need to comply with section 94A (which deals
with the requirements of native title determination orders).
Agreement as to part of proceedings
(3) If the agreement relates to a part of the proceedings or a matter
arising out of the proceedings, the Court may in its order give
effect to the terms of the agreement without, if it has not already
done so, dealing at the hearing with the part of the proceedings or
the matter arising out of the proceedings, as the case may be, to
which the agreement relates.
Orders about matters other than native title
(4) Without limiting subsection (2) or (3), if the order under that
subsection does not involve the Court making a determination of
266
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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