Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_87
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 87
Character Range: 317203–318880

87  Power of Federal Court if parties reach agreement

Power of Court

 (1) If, at any stage of proceedings after the end of the period specified in the notice given under section 66:
 (a) agreement is reached between the parties on the terms of an order of the Federal Court in relation to:
 (i) the proceedings; or
 (ii) a part of the proceedings; or
 (iii) a matter arising out of the proceedings; and
 (b) the terms of the agreement, in writing signed by or on behalf of the parties, are filed with the Court; and
 (c) the Court is satisfied that an order in, or consistent with, those terms would be within the power of the Court;
the Court may, if it appears to it to be appropriate to do so, act in accordance with whichever of subsection (2) or (3) is relevant in the particular case.

Agreement as to order

 (2) If the agreement is on the terms of an order of the Court in relation to the proceedings, the Court may make an order in, or consistent with, those terms without holding a hearing or, if a hearing has started, without completing the hearing.

Note: If the application involves making a determination of native title, the Court's order would need to comply with section 94A (which deals with the requirements of native title determination orders).

Agreement as to part of proceedings

 (3) If the agreement relates to a part of the proceedings or a matter arising out of the proceedings, the Court may in its order give effect to the terms of the agreement without, if it has not already done so, dealing at the hearing with the part of the proceedings or the matter arising out of the proceedings, as the case may be, to which the agreement relates.