Notice by party, other than the applicant, that the party wishes to cease to be a party (Form 106)
Form 106 is the Federal Court of Australia notice a non-applicant party gives to stop being a party to a native title proceeding. It must be given before the first hearing.
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 106
- Version
- v43f11f90
- 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 106 is for
Section 84(6) of the Native Title Act 1993 lets any party other than the applicant cease to be a party by giving written notice to the Court at any time before the first hearing of the proceeding starts. Directions hearings are disregarded in working out when the first hearing starts (s 84(6A)). Rule 34.106 of the Federal Court Rules 2011 says that notice is given in accordance with Form 106. After that point a party can only withdraw with the leave of the Court (s 84(7), r 34.106(b)). The rule applies to main applications, meaning native title and compensation applications under section 61 of the Act (r 34.101).
When you need it
- You were joined as a respondent party to a native title or compensation application and no longer want to take part.
- The first hearing of the proceeding has not yet started.
- Not for the applicant. Replacing the applicant is dealt with under section 66B of the Native Title Act (note to r 34.106).
- Not after the first hearing has started: then you must apply to the Court for leave to withdraw (r 34.106(b)).
How to fill it in
- 1
Heading
Copy the file number, District Registry, Division and party names. In native title proceedings a document may instead be headed with the short title specified by a Registrar (r 34.130).
- 2
Name the party withdrawing
Insert the full name of the party who wishes to cease to be a party, exactly as it appears in the proceeding.
- 3
Date and sign
Date the notice and sign it as the party wishing to cease to be a party. A party's lawyer may sign for the party (r 4.02).
Filing, lodging and service
- Give the notice to the Court by lodging it with the Registry, for example through eLodgment, which accepts documents in existing matters when the file number is entered.
- A party who gives the notice under rule 34.106(a) ceases to be a party (note to r 34.106, s 84(6)).
- Check the current fee schedule before lodging; the Court publishes its fees online.
Common mistakes
- The form's note refers to the first substantive hearing. The Act says first hearing and tells you to disregard directions hearings (s 84(6A)). The Native Title Practice Note says the first hearing will be a case management hearing before the provisional docket judge, so if a hearing has already been held, check with the Registry or apply for leave rather than rely on the notice.
- If you want to stay involved but have someone else act for you, you can appoint an agent under section 84B instead (Form 113).
- The Court can also order that a person other than the applicant cease to be a party at any time (s 84(8)).
Frequently Asked Questions
How do I withdraw as a respondent from a native title claim?
Before the first hearing starts, give the Court written notice in Form 106 (s 84(6) Native Title Act, r 34.106(a)). After that, apply to the Court for leave to withdraw (s 84(7), r 34.106(b)).
Does the Court have to approve a Form 106 notice?
No, if it is given before the first hearing starts. Section 84(6) lets the party cease to be a party simply by giving written notice to the Court.
Checked against the official sources on 26 October 2026
- Native Title Act 1993 (Cth) ss 61, 66B, 84(6)-(8)
- Federal Court Rules 2011 (Cth) rr 34.101, 34.106, 34.130
- Federal Court of Australia - Native Title Practice Note (NT-1)
- Federal Court of Australia - eLodgment
- Federal Court of Australia - Form 106 Notice by party, other than the applicant, that the party wishes to cease to be a party
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
5 boxes on the Notice by party, other than the applicant, that the party wishes to cease to be a party (Form 106) fill from your matter.
- Client
- Client full name(s), Client state
- Operator
- User First Name
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