Originating application for review of decision not to accept claim for registration (Rule 34.109(1)) (Form 108)

When a native title claimant application is filed, the Native Title Registrar tests the claim for registration. If the Registrar does not accept it, the Registrar gives the applicant a notice under section 190D(1). The applicant may then apply to the Federal Court under section 190F(1) for review of the decision, provided the National Native Title Tribunal (NNTT) is not reconsidering the claim under section 190E at the time. Rule 34.109 of the Federal Court Rules 2011 requires the application to be made by originating application in Form 108 within 42 days after the date of notification of the decision. Each State and Territory with jurisdiction over the claim area must be joined as a respondent, and the Commonwealth may be joined.

When you need it

• The Native Title Registrar has refused to accept your claim for registration and you want the Federal Court to review that decision.
• You are within 42 days after notification of the decision (r 34.109(1)).
• You have not applied to the NNTT for reconsideration, or the NNTT is not currently reconsidering the claim (s 190F(1)).

1. 1

   Heading and parties

   Insert the District Registry, Division and parties. Join each State and Territory with jurisdiction over the claim area as respondents (r 34.109(2)); the Commonwealth may also be joined (r 34.109(3)).

2. 2

   Address the parties to be served

   After 'To', insert each party who may be affected by the application.

3. 3

   Leave the hearing details to the Registry

   The Registry inserts the hearing time and place and any order abridging time.

4. 4

   Orders sought

   The form records that the application is under s 190F(1). State concisely each order sought, on the grounds in the accompanying affidavit.

5. 5

   Address, service and signature

   Give the address for service, email and residential or business address, list each person on whom the application is to be served, and sign.

• File within 42 days after the date of notification of the Registrar's decision (r 34.109(1)), with the supporting affidavit. eLodgment is the Court's electronic filing system. Check the Court's fee schedule for any fee.
• Serve the application on each person named for service, including the States and Territories joined as respondents.
• If the claim failed only on the physical connection condition (s 190B(7)), the Court may order the Registrar to accept the claim if satisfied of the matters in s 190F(3), after giving parties an opportunity to be heard (s 190F(4)).

• Choose your path carefully. You cannot apply to the NNTT for reconsideration once you have applied to the Court under s 190F(1) (s 190E(3)), and the Court route is not available while the NNTT is reconsidering.
• The NNTT reconsideration route has its own 42-day limit after the s 190D(1) notice (s 190E(2)).
• Attach or exhibit the Registrar's notice and reasons to the affidavit so the Court can see exactly what was decided and when.