Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_66b
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 66B
Character Range: 288118–289625

66B  Replacing the applicant

Application to replace applicant in claimant application

 (1) One or more members of the native title claim group (the claim group) in relation to a claimant application, or of the compensation claim group (also the claim group) in relation to a compensation application, may apply to the Federal Court for an order that the member, or the members jointly, replace the current applicant for the application on the grounds that:
 (a) either:
 (i) the current applicant is no longer authorised by the claim group to make the application and to deal with matters arising in relation to it; or
 (ii) the current applicant has exceeded the authority given to him or her by the claim group to make the application and to deal with matters arising in relation to it; and
 (b) the member or members are authorised by the claim group to make the application and to deal with matters arising in relation to it.

Court order

 (2) The Court may make the order if it is satisfied that the grounds are established.

Registrar of Federal Court to notify Native Title Registrar

 (3) If the Court makes the order, the Registrar of the Federal Court must, as soon as practicable, notify the Native Title Registrar of the name and address for service of the person who is, or persons who are, the new applicant.

Register to be updated

 (4) If the claim contained in the application is on the Register of Native Title Claims, the Registrar must amend the Register to reflect the order.