The Card Member Agreement includes an arbitration provision, which
impacts the opportunity to have
claims related to the Account heard in court or resolved by a jury, and to participate in a class action or similar
proceeding.
However, the Commission notes that the 1998 amendments (which provided that the Evidence Act applies to native title proceedings unless the court ordered otherwise) were given immediate effect, even in respect of native title
claims that were part - heard, without regard to what
impact this amendment would have on the claimants, the interests of justice, the costs to parties who had already collected evidence, or the tactics and the running of the
proceeding.
The Commission acknowledges that native title
claims have the potential to
impact on a wide range of persons, who might understandably seek involvement in the
proceeding to ensure that their interests are represented and taken into account.