Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p104
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 104/154)
Character Range: 465358–467999

period) has not ended, the person must file a notice, in accordance with Form 5 in the Schedule.
Note: At the end of the relevant period, a Registrar will give notice of each party joined to the application to:
(a) the applicant; and
(b) any other party to the proceeding that the Court orders must be given notice.

34.105  Joinder of parties to main application after relevant period
 (1) If a person wants to be a party to a main application and the relevant period (within the meaning of rule 34.104) has ended, the person must apply by filing an interlocutory application, in accordance with Form 105.
 (2) The application must be accompanied by an affidavit stating:
 (a) how the person's interests may be affected by a determination in the proceeding; and
 (b) why it is in the interests of justice for the Court to grant the application.

34.106  Withdrawal of a party
  If a party to a main application, other than the applicant, wants to cease to be a party, the party must:
 (a) at any time before the first hearing of the proceeding—give written notice to the Court, in accordance with Form 106; or
 (b) in any other case—apply to the Court for leave to withdraw from the proceeding.
Note: A party who gives notice to the Court under paragraph 34.106(a) ceases to be a party to the proceeding—see section 84(6) of the Native Title Act. For an application to replace an applicant, see section 66B of the Native Title Act.

34.107  Form of applications other than main applications
  A person who wants to make an application under the Native Title Act, other than a main application or an application under rule 34.109 or rule 34.110, must file:
 (a) an originating application, in accordance with Form 107; and
 (b) an affidavit sworn or affirmed by the applicant stating the facts in support of the application.
Note: At 1 August 2011, no form is prescribed under the Native Title (Federal Court) Regulations 1998 for certain applications, including:
 for just terms compensation (under section 53 of the Native Title Act)
 for review of a decision of the Native Title Registrar not to accept a claim for registration (under section 69(1) of the Native Title Act)
 for an order to remove the details of an agreement from the Register of Indigenous Land Use Agreements (under section 69(1) of the Native Title Act)
 for orders to ensure compliance with directions about the transfer of records (under section 69(1) of the Native Title Act).

34.108  Service of applications other than main applications
 (1) An application mentioned in rule 34.107 must be served on:
 (a) the respondent to the proceeding; and
 (b) any interested