Chapter 7

Procedural and other issues

Applications

7.1 Amendment of applications

Consent determinations

7.2 Consent determinations

Dismissal of applications

7.3 Dismissals

Evidentiary issues

7.4 Authority to give affidavit evidence

7.5 Cross-examination

7.6 Receipt of further evidence following remittal to the Tribunal

7.7 Receipt of restricted evidence

7.8 Section 109 NTA and evidentiary issues

Hearings

7.9 Adjournments and stays

7.10 Adoption of findings pursuant to section 146

7.11 Administering an oath or affirmation

7.12 Conduct of hearings

7.13 Determinations on the papers (section 151(2) NTA)

7.14 Discovery and summonses to witnesses

7.15 Precedent

Parties

7.16 Person beneficially entitled to the grant may act for the grantee party

7.17 Separate representation of members of the native title party claim group

7.18 Who constitutes a native title party?

7.19 Who constitutes the government party?

Statutory interpretation

7.20 Statutory interpretation

Tribunal's Inquiry function

7.21 Constitutional validity of the Native Title Act 1993

7.22 Inquiry function

7.23 Referral of questions of law to the Federal Court
7.24 No evidence from the native title party