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.
