Forms under the
Native Title (Federal Court) Regulations
Form 5: Notice
of intention to become a party to an application Use: Form 5 should be used
when a person or organisation who want to give notice
that they intend to become or want to become a party to
a Native Title Determination Application. Filing fee: Nil,
however, if you do not file the Form 5 within the notification
period and still want to become a party to the Native
Title Determination Application you should contact the
Federal Court Registry. Filing fees and other Court fees
are usually payable in this circimstance when an application
is made outside the notification period
Download: Form
5 in rich text format
Guide
to Form 5
Please
read this guide and the form carefully. As the person
or organisation giving notice of intention to become
a party to a native title determination, you are responsible
for making sure all your paperwork is in order before
the court hearing. Although the Court’s Registry
staff can help you complete the form and give you information
about procedure, they can not give you legal advice
and they are not responsible for the accuracy of your
documents.
How do you apply?
The Form 5 should be completed
in duplicate and filed in the Federal Court within
the period specified in the notification letter or
advertisement from the National Native Title Tribunal.
The Form 5 must be received by the Court no later than
4.00 pm on the last day of that notification period.
The Court will keep the original Form
5 and return the copy with the Court stamp affixed.
Where do you file the Form
5?
The Form 5 may be filed in person
at a Federal Court Registry, by post, or by facsimile.
How do you fill in the Form
5?
The Form 5 is to be completed by printing
clearly in pen or by typing.
A separate Form 5 should be completed
by each person or the organisation wanting to become
a party. However, members of a family may use the one
form where they are asserting that each family member
holds a similar interest that may be affected by a Native
Title Determination Application and have the same service
address. Each family member must sign the form.
Please refer to the margin notes on
the Form 5 to assist in filling out the form.
Should you require assistance about
whether you have an interest that may be affected by
a Native Title Determination Application you should obtain
your own advice.
What happens next?
The Federal Court determines all applications
to become a party. You will be notified whether you are
required to attend Court or provide any further written
reasons to support your application. The Court will notify
all persons/organisations of the outcome of their application.
Change of address
Please note, you must inform the Court
in writing of any change in your address for service
or contact details within 14 days of the change.
