Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_102
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 102
Character Range: 383454–385520

102  After subsection 18AB(2)
Insert:

 (2A) The Judges, or a majority of them, may also make Rules of Court delegating to the Judicial Registrars all or any of the following powers of the Court:
 (a) to determine parties to proceedings under the Native Title Act 1993;
 (aa) to hear and determine applications under subsection 50(2) of that Act for determinations of compensation, where:
 (i) the amount of the compensation to which the applicant claims to be entitled is less than $100,000 or such other amount as is prescribed instead for the purposes of this paragraph; and
 (ii) at the time the hearing and determination takes place, one or more approved determinations of native title have been made in relation to the whole of the area concerned;
 (b) to make orders under sections 86D and 87 of that Act.

 (2B) If, in accordance with subsection (2A), Rules of Court are made delegating to the Judicial Registrars the powers of the Court to hear and determine applications under subsection 50(2) of the Native Title Act 1993 for determinations of compensation as mentioned in paragraph (2A)(aa), the Judges, or a majority of them, may, in respect of any such application, give such directions as they consider appropriate for the purpose of ensuring that, so far as is reasonably practicable, the application is determined as expeditiously and cheaply as possible and without unnecessary formality.

 (2C) Without limiting the directions that may be made, they may cover all or any of the following:
 (a) principles and procedures to be applied in hearing and determining the application;
 (b) referring any matter for mediation;
 (c) ensuring that the issues in dispute are identified as soon as possible and that the procedures to be applied, and the evidence that may be given, in the proceedings are limited to what is necessary to resolve those issues;
 (d) limiting the amount of costs of the proceedings that may be awarded against the claimant;
 (e) requiring some or all of the costs of the claimant to be paid by another party to the proceedings.