I want to make two small amendments to my claimant application. How can I do this? The changes I am after are to simply reduce the area and make boundary changes.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Neha Sharma, Hillsdale 2036 NSW
- If you want to amend your application you must file a Notice Of Motion in the Federal Court.
- Along with the notice you must also file an affidavit explaining the reasons for amendment and include a Minute of Proposed Amended Native Title Determination Application.
- Most amendments require the registrar of the National Native Title Tribunal (NNTT) to apply a registration test.
- In your case the test is not necessary and will not be applied because the only changes you are seeking are to:
- reduce the area previously listed under the application; and
- make boundary changes.
- In this case it is more likely that the registrar will order a geospatial assessment of the area. If there are no further issues then the registration test will not be applied and your amendments will be noted on the Register of Native Title Claims.