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Native Title

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 18 Aug 2015

A2. How a Lawyer Can Help lawyer can advise you about the following issues:

  • what native title is;
  • how native title is different from the common law and Torrens system of land titles;
  • what has to be proven in order to establish native title;
  • whether or not a native title right has been extinguished;
  • how it exists alongside other property interests if native title has not been extinguished;
  • how to make a claim for native title; and
  • how a claim for native title might affect your rights if you have an interest in land that might be the subject of a native title claim.

At any court or tribunal hearing you can represent yourself or be represented by a lawyer. You can also seek leave of the court be represented by someone who is not a lawyer.

If a lawyer represents you they can:

  • explain the process and what is required to make an application;
  • draft an application form and collect the documents and information required;
  • appear at conferences and hearings; and
  • draft submissions and consent orders.

The Federal Court of Australia Act 1976 (Cth) empowers the court to efficiently, quickly and inexpensively resolve cases and Federal Court registry staff who have experience in native title matters are available to assist all applicants and parties.

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