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Notice of appointment of agent (section 84B(1) Native Title Act 1993) (Rule 34.131(1)) (Form 113)

Form 113 is the Federal Court of Australia notice that a native title party has appointed an organisation as its agent under section 84B. It is filed within 14 days.

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Format
Word (DOCX)
Category
Court form
Form number
Form 113
Version
v174bd3f7
Last verified
1 October 2026

Federal Court of Australia · Federal Court Rules 2011

Preview of the first page of Notice of appointment of agent (section 84B(1) Native Title Act 1993) (Rule 34.131(1)) (Form 113)
Preview - first page of the form

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 113 is for

Section 84B(1) of the Native Title Act 1993 lets a party to a native title proceeding appoint a society, organisation, association or other body to act as its agent in the proceeding, and the same body may act for two or more parties (s 84B(2)), for example an industry body acting for members who are respondents. Rule 34.131(1) of the Federal Court Rules 2011 requires the party, within 14 days after the appointment, to file a notice in accordance with Form 113. The form also records the agent's acceptance of the appointment and the agent's address for service.

When you need it

  • You are a party to a native title proceeding and have appointed a body, such as a peak industry or community organisation, to act as your agent.
  • You are within 14 days after the appointment (r 34.131(1)).
  • Not for later changes to the agent's name, contact details or address for service, or for a new agent: use Form 114 (r 34.131(2)).

How to fill it in

  1. 1

    Heading

    Copy the file number, Registry and party names, or use the short title specified by a Registrar for the native title proceeding (r 34.130).

  2. 2

    The appointment

    Insert the name of the party giving notice and the name of the society, organisation, association or body appointed as agent.

  3. 3

    Agent's address for service

    Give the agent's address for service: a place in Australia where documents can be left and posted, and an email address (r 11.01).

  4. 4

    Party signs

    Date and sign as the party informing the Court of the appointment.

  5. 5

    Agent accepts

    The body signs the acceptance section through an office holder, stating their capacity, such as president or director.

Filing, lodging and service

  • File the notice within 14 days after the appointment (r 34.131(1)), for example through eLodgment using the file number.
  • The Dictionary to the Rules defines file as file and serve, so serve a copy on the other parties.
  • Check the current fee schedule; the Court publishes its fees online.

Common mistakes

  • One body can be agent for many parties (s 84B(2)). Each appointing party should still make sure a notice is filed for its appointment.
  • Being represented by someone who is not a lawyer is a different thing: that needs leave under section 85 of the Act, applied for in Form 115 (r 34.132).
  • Keep the agent's details current. Any change must be notified in Form 114 within 14 days (r 34.131(2)).

Frequently Asked Questions

Can an organisation act for respondents in a native title claim?

Yes. Under section 84B a party may appoint a society, organisation, association or other body as its agent, and one body may act for several parties. The appointment is notified to the Court in Form 113.

When must Form 113 be filed?

Within 14 days after the agent is appointed (r 34.131(1)).

Checked against the official sources on 26 October 2026

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

11 boxes on the Notice of appointment of agent (section 84B(1) Native Title Act 1993) (Rule 34.131(1)) (Form 113) 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 state
Operator
User First Name

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