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Notices to practitioners and litigants (Native Title) issued by the Registrar

3 : Amendments to Main (s 61) Applications Unless the Court otherwise orders, an application to amend a main application must be by way of Notice of Motion. The Notice of Motion must be filed together with a supporting affidavit which sets out the reasons for seeking the amendments and which annexes a copy of the proposed amended application. The proposed amendments to the main application should be made using the same form as is prescribed under the rules for the filing of a main application (see below).

The relevant forms are:

Title	Form No.	Download RTF
Claimant Applications	Form 1
Non-Claimant Applications	Form 2
Compensation Applications	Form 4

The words “amended application” must be noted on the front of the form. Those schedules which are not being amended should be marked clearly with the words “no change”.

Two copies of the application and accompanying documentation must be filed.

Unless the Court otherwise directs, copies of all material filed must be served on the Commonwealth and the relevant State or Territory and the applicant to any overlapping main application.

The Court may order that all the material filed be served on, or notice given to, any person that the Court is satisfied has an interest in the application (eg. persons who may be adversely affected by the proposed amendment).

The Court may deal with the application on the papers (without a formal hearing) or at a directions hearing.

The Court may either amend the application, grant leave to amend the application or refuse leave. The Court may also give other directions in regard to the manner in which and the time within any person can object to the application to amend being made or apply to vary any orders made.

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