Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_84c
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 84C
Character Range: 304850–306072

84C  Striking out applications for failure to comply with requirements of this Act

Strike-out application

 (1) If an application (the main application) does not comply with section 61 (which deals with the basic requirements for applications), 61A (which provides that certain applications must not be made) or 62 (which requires applications to be accompanied by affidavits and to contain certain details), a party to the proceedings may at any time apply to the Federal Court to strike out the application.

Note: The main application may still be amended even after a strike-out application is filed.

Court must consider strike‑out application before other proceedings

 (2) The Court must, before any further proceedings take place in relation to the main application, consider the application made under subsection (1).

Registrar of Court to advise Native Title Registrar of application etc.

 (3) The Registrar of the Court must advise the Native Title Registrar of the making of any application under subsection (1) and of the outcome of the application.

Other strike‑out applications unaffected

 (4) This section does not prevent the making of any other application to strike out the main application.