Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p106
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 106/154)
Character Range: 470172–472814

duress—the date of the first occurrence of the act of duress.

34.111  Application for order about return of, or access to, records
  An application under section 203FC(4) of the Native Title Act to ensure compliance with directions in accordance with section 203FC(3) of the Act must be filed within 42 days after:
 (a) the date on which the directions take effect; or
 (b) if the directions nominate a day for completion of compliance with the directions—that day.

34.112  Question to be special case
 (1) A reference to the Court of the following matters must be in the form of a special case:
 (a) a question of fact or law referred under section 94H(1) of the Native Title Act by a person conducting a mediation (the mediator); or
 (b) a question of law referred to the Court under section 145(1) of the Native Title Act by the NNTT.
 (2) The special case must:
 (a) be divided into consecutively numbered paragraphs; and
 (b) state the facts, briefly but specifically; and
 (c) be accompanied by all documents necessary to enable the Court to decide the questions raised by the special case.
 (3) The Court may draw from the facts stated in the special case and the accompanying documents any inference, whether of fact or law, that might have been drawn from them if proved at trial.
Note 1: On receipt of the referral, a Registrar will fix a return date and place for a directions hearing and endorse those details on the referral.
Note 2: A Registrar will notify the mediator or the NNTT, and the parties to the mediation or NNTT proceeding of the return date and place.

34.113  Special case to be prepared—referral by mediator
  For a reference under section 94H(1) of the Native Title Act, the special case must be:
 (a) settled by the mediator; and
 (b) transmitted, with 4 additional copies, by the mediator to a Registrar.

34.114  Special case to be prepared—referral by NNTT
  For a reference under section 145(1) of the Native Title Act, the special case must be:
 (a) settled by the presiding member of the NNTT; and
 (b) transmitted, with 4 additional copies, by the NNTT to a Registrar.

34.115  Party having carriage of proceeding—referral by mediator
  For a reference under section 94H(1) of the Native Title Act, the party having carriage of the proceeding is:
 (a) if the question is referred by the mediator at the request of a party—that party; and
 (b) if the question is referred by the mediator of the mediator's own motion—the party appointed by the mediator to have carriage of the proceeding.

34.116  Party having carriage of proceeding—referral by NNTT
  For a reference under section 145(1) of the Native