Originating application under Native Title Act 1993 (other than main applications) (Form 107)

Main applications under section 61 of the Native Title Act 1993 use the forms in the Native Title (Federal Court) Regulations 1998 (r 34.103). Rule 34.107 of the Federal Court Rules 2011 says any other application under the Act, apart from a review of a registration decision (Form 108, r 34.109) or removal of an ILUA from the Register (Form 109, r 34.110), is made by originating application in Form 107 with an affidavit sworn or affirmed by the applicant stating the facts in support. Examples given in the rule's note include an application for just terms compensation under section 53 of the Act. Rule 34.108 sets out who must be served.

When you need it

• You want to make an application under the Native Title Act that is not a main application and has no other prescribed form.
• For example, a just terms compensation application under section 53, or an application under section 203FC(4) to ensure compliance with directions about records, which must be filed within 42 days (r 34.111).
• Not for a claimant, non-claimant, revised determination or compensation application (r 34.103), a registration review (Form 108) or removal of an ILUA (Form 109).

1. 1

   Complete the heading

   Fill in the District Registry, Division and parties, using the schedule for extra parties. Delete the notice to the respondent if there is none.

2. 2

   Details of claim

   In numbered paragraphs, set out the final relief sought under the Native Title Act, identifying the provision relied on. Give details of any injunction or declaration.

3. 3

   Prepare the affidavit

   The application must be accompanied by an affidavit sworn or affirmed by the applicant stating the facts in support (r 34.107(b)).

4. 4

   Interlocutory relief and representative action

   Keep these sections only if they apply. If the applicant sues in a representative capacity, give details.

5. 5

   Addresses, service and signature

   Give the address for service (r 11.01) and email, choose one service option, then date and sign as applicant or lawyer.

• File through eLodgment with the affidavit. A filing fee may apply - check the current fee schedule.
• Serve the application on the respondent, any interested person, the Commonwealth, and each State or Territory with jurisdiction over the area to which the main application relates (r 34.108(1)).
• Within 14 days after being served, the applicant, the Commonwealth, a State or Territory, or the NNTT may ask the Court to order service on another person with an interest (r 34.108(2)).
• A person served may file a notice of address for service and becomes a respondent on doing so (r 34.108(3)).

• Check the time limit for your kind of application. Some, like section 203FC(4) applications, have short deadlines (r 34.111).
• Native title matters are case managed by a provisional docket judge with a native title registrar (NT-1 paras 4.2, 4.3).