Automatic language translation
Our website uses an automatic service to translate our content into different languages. These translations should be used as a guide only. See our Accessibility page for further information.
Aboriginal land claims - Preparing for the first directions hearing
To prepare for the first directions hearing and to enable the Court to make appropriate directions at the first directions hearing, the parties need to take certain steps beforehand, as follows.
| Who | Description |
|---|---|
| CROWN LANDS MINISTER | Subpoena public authorities and officials for documents Within 14 days of being served with the application commencing the appeal, the Crown Lands Minister is to issue subpoenas to relevant public authorities, public officials or other persons for documents relevant to whether or not the lands claimed are claimable Crown lands |
| CROWN LANDS MINISTER | Further consider the grounds of the refusal The Crown Lands Minister is to further consider the grounds upon which the Minister contends the whole or any part of the lands claimed by the applicant Aboriginal Land Council are not claimable Crown lands under s 36 of the Aboriginal Land Rights Act 1983. This includes re-assessing the grounds upon which the Minister was satisfied that the lands were not claimable Crown lands in deciding to refuse the claim the subject of the appeal and considering whether there are any further grounds supporting the conclusion that the lands are not claimable Crown lands. |
| CROWN LANDS MINISTER | Provide relevant documents Within 14 days of a request by the applicant Aboriginal Land Council, the Crown Lands Minister is to provide to the applicant:
|
| CROWN LANDS MINISTER | Prepare a list of additional people who may be subpoenaed In light of the documents produced in response to the subpoenas issued or further consideration, the Crown Lands Minister is to prepare a list of additional persons to whom a subpoena might be issued, to hand to the Court at the first directions hearing. |
| BOTH PARTIES | Agree on the directions to the court The applicant and Crown Lands Minister are to discuss and endeavour to agree upon the directions which the Court should make at the first directions hearing. If the parties do not agree, each party should prepare their own version of the directions they propose. |
| BOTH PARTIES | Agree on descriptive name for proceedings The parties are to agree upon a descriptive name to be allocated to the proceedings. |
Last updated:
08 May 2023
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.