Application under section 85 of the Native Title Act 1993 for leave to be represented by a person who is not a lawyer (Form 115)
Form 115 asks the Federal Court of Australia for leave under s 85 of the Native Title Act 1993 for a party to be represented by someone who is not a lawyer.
Word document from Federal Court of Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Federal Court of Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 115
- Version
- v75fcd833
- Last updated
- 14 October 2026
Federal Court of Australia · Federal Court Rules 2011
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 115 is for
Section 85 of the Native Title Act 1993 says a party to a native title proceeding in the Federal Court may appear in person or be represented by a barrister or solicitor or, with the Court's leave, by another person. Rule 34.132 of the Federal Court Rules 2011 requires an application for that leave to be in accordance with Form 115. The form is signed by both the party seeking leave and the proposed representative, who agrees to act if leave is given.
When you need it
- You are a party to a native title proceeding and want someone other than a barrister or solicitor to represent you.
- The proposed representative has agreed to act for you.
- Not for appointing an agent under section 84B of the Native Title Act, which is notified in Form 113 within 14 days of the appointment (r 34.131).
How to fill it in
- 1
Heading
Use the native title proceeding's number and party names, or the short title specified by a Registrar (r 34.130).
- 2
The request for leave
Name the party (or parties) seeking leave and the proposed representative, with the representative's full address including postcode.
- 3
Address for service
Give the party's address for service (place and email).
- 4
Party's signature
The party seeking leave dates and signs, agreeing to be represented by that person if leave is given.
- 5
Representative's consent
The proposed representative dates and signs, agreeing to represent the party if leave is given.
Filing, lodging and service
- File Form 115 in the native title proceeding through eLodgment or at the District Registry.
- Ask the Registry whether the application should be served on the other parties and whether it will be dealt with at a hearing.
- Until leave is given, the proposed representative cannot act for the party in Court, so file early, before any hearing at which representation is needed.
Common mistakes
- Leave is discretionary: section 85 allows representation by a non-lawyer only with the Court's leave.
- Make sure the proposed representative has signed the consent part of the form before you file it.
- Keep the address for service up to date, since documents will be served there.
Frequently Asked Questions
Can a non-lawyer represent a party in a native title case?
Yes, with the Federal Court's leave under section 85 of the Native Title Act 1993. The application is made in Form 115 (r 34.132).
Who signs Form 115?
Both the party seeking leave and the proposed representative, each agreeing to the representation if leave is given.
Checked against the official sources on 26 October 2026
- Native Title Act 1993 (Cth) ss 84B, 85
- Federal Court Rules 2011 (Cth) rr 34.130 to 34.132
- Federal Court of Australia - Form 115
- Federal Court of Australia - Native Title Practice Note (NT-1)
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
10 boxes on the Application under section 85 of the Native Title Act 1993 for leave to be represented by a person who is not a lawyer (Form 115) fill from your matter. 1 is for you to complete: ticks, signatures and anything that needs judgement.
- Client
- Client email, Client full name(s), Client postal address (full), Client state
- Operator
- User First Name
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