Determinations of the Federal Court Part 4
Agreements and unopposed applications Division 1C
Section 87A
Objections
(8) In considering whether to make an order under subsection (4) or
(5), the Court must take into account any objections made by the
other parties to the proceedings.
Agreed statement of facts
(9) If some or all of the parties to the proceeding have reached
agreement on a statement of facts, one of those parties may file a
copy of the statement with the Court.
(10) Within 7 days after a statement of facts agreed to by some of the
parties to the proceeding is filed, the Federal Court Chief
Executive Officer must give notice to the other parties to the
proceeding that the statement has been filed with the Court.
(11) In considering whether to make an order under subsection (4) or
(5), the Court may accept a statement of facts that has been agreed
to by some or all of the parties to the proceedings but only if those
parties include:
(a) the applicant; and
(b) the party that the Court considers was the principal
government respondent in relation to the proceedings at the
time the agreement was reached.
(12) In considering whether to accept under subsection (11) a statement
of facts agreed to by some of the parties to the proceedings, the
Court must take into account any objections that are made by the
other parties to the proceedings within 21 days after the notice is
given under subsection (10).
(13) A reference in subsections (9) to (12) to the parties to the
proceeding includes a reference to the Commonwealth Minister if
the Commonwealth Minister is intervening in the proceeding at the
time a statement of facts is agreed.
Compilation No. 47
Native Title Act 1993
271
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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