NATIVE TITLE ACT 1993 - SECT 84C Striking out applications for failure to comply with requirements of this Act
NATIVE TITLE ACT 1993 - SECT 84C
Striking out applications for failure to comply with requirements of this ActStrike - out application
(1) If an application (the main application ) does not comply with section 61 (which deals with the basic requirements for applications), 61A (which provides that certain applications must not be made) or 62 (which requires applications to be accompanied by affidavits and to contain certain details), a party to the proceedings may at any time apply to the Federal Court to strike out the application.
Note: The main application may still be amended even after a strike - out application is filed.
Court must consider strike - out application before other proceedings
(2) The Court must, before any further proceedings take place in relation to the main application, consider the application made under subsection (1).
Federal Court Chief Executive Officer to advise Native Title Registrar of application etc.
(3) The Federal Court Chief Executive Officer must advise the Native Title Registrar of the making of any application under subsection (1) and of the outcome of the application.
Other strike - out applications unaffected
(4) This section does not prevent the making of any other
application to strike out the main application.