Sentences with phrase «title application proceedings»

The proposed amendments are discriminatory in that they treat native title application proceedings differently to other proceedings, apply a different standard to the dismissal of native title application proceedings than is applied in all other cases and the effect of these amendments is prejudicial to the interests of applicants.

Present options and tools for resolving native title application proceedings, or aspects of them, include:

The role of the NNTT in relation to the resolution of native title application proceedings should be kept simply to mediation, with the presiding judge having control over whether mediation is to continue or whether the proceedings are unlikely to be resolved other than by judgment on the hearing of the evidence and legal argument.

Not exact matches

Acting in proceedings before the First Tier Tribunal (Property Chamber) on a disputed application for title by adverse possession to land forming part of a manor house in Wiltshire.

Chapter two also notes that the amendments to the NTA require that native title claimants commence Federal Court proceedings in order to not only obtain a determination on an application for native title, but also to secure procedural rights on which native title participation in economic development depends.

If a person were excluded from a native title application he or she could seek to be joined as a party to the proceedings by means of an interlocutory application: s 84 (5) Native Title Act 1993 (title application he or she could seek to be joined as a party to the proceedings by means of an interlocutory application: s 84 (5) Native Title Act 1993 (Title Act 1993 (Cth).

Because claimant applications may take years in mediation or court proceedings before a final decision is reached, the NTA provides registered claimants with procedural rights in relation to future acts while native title applications are being resolved.

In response to the decision of the court dismissing the proceedings, the Commonwealth made a non-claimant application for native title to be determined over the area.

8.4 That the Attorney - General prepare guidelines for the Federal Court and parties to native title proceedings on the application of Section 82 of the Native Titletitle proceedings on the application of Section 82 of the Native TitleTitle Act.

These problems are further compounded by the fact that the amendments to the NTA require that native title claimants commence Federal Court proceedings, not only to obtain a determination on an application for native title, but also in order to secure procedural protections in relation to future acts.

Limiting the application of the above amendments to proceedings that have commenced hearing after 1 January 2009 will therefore fail to capture a large number of active native title claims.

Unlike the majority of civil proceedings, native title applications are subject to various additional procedural requirements such as registration and notification.

The application of the Evidence Act to native title proceedings contributes to the virtually insurmountable burden of proof that Aboriginal and Torres Strait Islanders are subject to, a factor which the United Nation's Committee on the Elimination of Racial Discrimination commented on in its 2005 Concluding Observations on Australia.9

Since the Act already provides that every native title application is to be a proceeding in the Federal Court, it is appropriate for the presiding judge of the Federal Court to have complete control over the management of those proceedings.

In my view, proceedings relating to native title determination applications have been unnecessarily overburdened by minor respondent parties, often funded by the Commonwealth pursuant to section 183 of the Act.

I understand that it is presently common practice at directions hearings in relation to native title proceedings, that a representative of the NNTT (usually the relevant case officer), appears to speak to any mediation report that has been provided to the Court in relation to the application concerned.

provide for the application of recent amendments to the Evidence Act 1995 (Cth) to native title proceedings that began before 1 January 2009 and where evidence has been heard, if the parties consent or the Federal Court orders that it is in the interests of justice to do so [91]

The view of the Federal Court is that the changes to the native title system have not changed the underlying principle that native title determination applications are proceedings in the court.

As a result of these changes a number of group recipients were advised that pursuant to s. 183 NTA their funding will be terminated unless they are directly involved as a party or future party in proceedings relating to particular native title applications.

If the Commission's recommendation that the Evidence Act not apply to native title proceedings is not accepted, the Commission recommends that the Native Title Act should be amended to provide that the recent Evidence Act amendments relating to evidence of Aboriginal and Torres Strait Islander traditional law and custom should be given immediate application to all active native title proceedtitle proceedings is not accepted, the Commission recommends that the Native Title Act should be amended to provide that the recent Evidence Act amendments relating to evidence of Aboriginal and Torres Strait Islander traditional law and custom should be given immediate application to all active native title proceedTitle Act should be amended to provide that the recent Evidence Act amendments relating to evidence of Aboriginal and Torres Strait Islander traditional law and custom should be given immediate application to all active native title proceedtitle proceedings.

The reforms to the native title system... have not changed the underlying principle that native title determination applications are proceedings in the Court and that mediation in the [NNTT] is an adjunct to those proceedings and directed to their prompt resolution.