Notices to practitioners and
litigants (Native Title) issued by the Registrar
Note: This notice has been superseded by 'Conduct of native title proceedings in the Federal Court of Australia' issued 13 June, 2007
1:
Allocation
of Native Title cases
The
Court has adopted a nationally coordinated protocol
for the listing of Native Title matters to ensure
that they are dealt with in an efficient and timely
manner.
Provisional allocation
Upon filing, these cases
will be allocated provisionally to a judge who is
resident in the registry where the application is
filed.
The provisional “docket”
(ie case) judge with the assistance of a Deputy
Registrar for Native Title will be responsible for
managing the case initially. They will conduct review
hearings and other non-contentious proceedings that
may be necessary.
The matter will remain
with the provisional allocation while it is being
considered for registration by the Native Title
Registrar and while the matter is in active mediation
with the National Native Title Tribunal.
Substantive allocation
When the matter requires substantive
action eg hearing of a contentious interlocutory application
or the matter is ready for a main hearing, the case will
be referred to the Native Title Secretariat of the Court
for substantive allocation to a trial judge. This trial
judge may be resident anywhere in Australia. However,
this will not affect arrangements for the hearing.
Once a substantive allocation
has been made, the case will remain with the judge allocated
until a settlement has been reached or a final determination
is made.
The Provisional Docket
Judges (as at July 2004)
New South Wales - Wilcox
J Western Australia
- French J South Australia/Northern
Territory - Mansfield J Queensland
- Cooper J Queensland Coordinating Judge and provisional
docket Judge for Cape York Land Council and Torres Strait
Regional Authority - Thursday Island. Dowsett J for Central
Queensland Land Council. Mackay. Kiefel J for Gurang
Land Council, Bundaberg Queensland South Land Council,
Toowoomba. Spender J for North Queensland Land Council,
Cairns. Victoria/Tasmania
- North J
