Notices to practitioners and
litigants (Native Title) issued by the Registrar
2: Joinder
of Parties to Native Title Matters
Persons
seeking leave to be joined as a party under s 84
(5) of the Native
Title Act 1993 must file a Notice
of Motion and supporting affidavit
detailing the nature of their interest in the main
application and how that interest may be affected
by a determination in the proceedings.
Unless the Court otherwise
orders, the person seeking to be joined must serve
copies of the Notice of Motion and Supporting affidavit
on the Applicant to the main application and on
the relevant State or Territory government.
Generally the Registrar
will order that the person be accepted as a party
to the application in the following terms:
The
Court order that:
1.The
person named in the schedule to the order be accepted
as a party to the application;
2. The Court may order that the person named cease to
be a party for any reason;
3. That the right of any party to the proceeding to apply
to the Court that the person named cease to be a party,
is not affected by this order.
Unless it is otherwise ordered
the Registry will give notice of the order that has been
made to all parties to the main application.
If it appears that there may
be a question as to the entitlement of the person seeking
to be joined, the matter will be referred to a judge for
hearing.
