Interlocutory application to join parties to main application after relevant period (Rule 34.105(1)) (Form 105)

When a native title or compensation application (a main application under s 61 of the Native Title Act 1993) is notified, a person who wants to be a party must notify the Court within the 3-month period starting on the notification day, or after that period get the Court's leave under section 84(5) (s 66(10)(c)). Section 84(5) lets the Court join a person at any time if their interests may be affected by a determination and it is in the interests of justice. Rule 34.105 of the Federal Court Rules 2011 says a person seeking to join after the relevant period must file an interlocutory application in accordance with Form 105, with a supporting affidavit.

When you need it

• Your interest in relation to land or waters in the claim area may be affected by a determination, or you claim native title there, and the 3-month notification period has passed (s 84(3), (5)).
• You want to become a respondent party to the main application.
• If the 3-month period has not ended, give notice in Form 5 of the Native Title (Federal Court) Regulations 1998 instead (r 34.104).

1. 1

   Heading

   Use the main application's proceeding number, District Registry and party names, or a short title if a Registrar has specified one (r 34.130).

2. 2

   Who applies and to whom

   Name yourself as the person applying and, in the 'To' line, each party who may be affected.

3. 3

   Orders sought

   State the orders sought, usually that you be joined as a respondent to the main application under section 84(5) of the Native Title Act 1993.

4. 4

   Supporting affidavit

   Explain how your interests may be affected by a determination in the proceeding and why it is in the interests of justice to join you (r 34.105(2)).

5. 5

   Address, service and signature

   Give your address for service and residential or business address, choose the service option, then date and sign.

• File Form 105 and the affidavit in the main application, through eLodgment or at the District Registry managing the claim.
• Serve the parties. A native title claim often has many parties, so check with the Registry which parties need to be served and whether service orders are needed.
• A filing fee may apply. Check the Court's current fee schedule.

• The Court must be satisfied that joining you is in the interests of justice (s 84(5)), so explain your circumstances in the affidavit, including the timing of your application.
• Describe the interest precisely, with any title, lease or licence details, and the land it covers.
• A person whose only interest is a public right of access or use may have their interests represented by another party rather than being joined (s 84(5A)).