Schedule 1 Amendments
(rule 3)
[1] Order 62, rule 9, heading
substitute
9 Liability of lawyer
[2] Order 62, paragraph 9 (4) (a)
omit
legal practitioner’s
insert
lawyer’s
[3] Order 78, subrule 16 (1)
substitute
(1) A reference to the Court of the following matters must be in the form of a special case:
(a) a question of fact or law referred under subsection 94H (1) of the Native Title Act by a person conducting a mediation (a mediator);
(b) a question of law referred under subsection 145 (1) of the Native Title Act by the NNTT.
[4] Order 78, rules 17 to 19
substitute
17 Special case to be prepared — referral by mediator
For a reference under subsection 94H (1) of the Native Title Act, unless the Court otherwise directs, the special case must be:
(a) settled by the mediator; and
(b) transmitted, with 4 additional copies, by the mediator to the Registrar.
17A Special case to be prepared — referral by NNTT
For a reference under subsection 145 (1) of the Native Title Act, unless the Court otherwise directs, the special case must be:
(a) settled by the presiding member of the NNTT; and
(b) transmitted, with 4 additional copies, by the NNTT to the Registrar.
18 Setting down for hearing — referral by mediator
For a reference under subsection 94H (1) of the Native Title Act, the Registrar must:
(a) set down the proceeding for a directions hearing; and
(b) notify the mediator, and each party to the proceedings, of the date for the directions hearing.
18A Setting down for hearing — referral by NNTT
For a reference under subsection 145 (1) of the Native Title Act, the Registrar must:
(a) set down the proceeding for a directions hearing; and
(b) notify the NNTT, and each party to the proceedings, of the date for the directions hearing.
19 Party having carriage of proceeding — referral by mediator
For a reference under subsection 94H (1) of the Native Title Act, the party having carriage of the proceeding is:
(a) if the question is referred by the mediator at the request of a party — that party; and
(b) if the question is referred by the mediator of the mediator’s own motion — the party appointed by the mediator to have carriage of the proceeding.
19A Party having carriage of proceeding — referral by NNTT
For a reference under subsection 145 (1) of the Native Title Act, the party having carriage of the proceeding is:
(a) if the question is referred by the NNTT at the request of a party — that party; and
(b) if the question is referred by the NNTT of its own motion — the party appointed by the NNTT to have carriage of the proceeding.
[5] Order 78, Division 3A, heading
substitute
Division 3A Referral to Court of questions under section 94J of Native Title Act
[6] Order 78, subrule 20A (1)
omit
136DA
insert
94J
[7] Order 78, paragraph 20B (a)
omit
relevant presiding member of the NNTT;
insert
person conducting the mediation (the mediator);
[8] Order 78, paragraph 20B (b)
omit
NNTT
insert
mediator
[9] Order 78, subparagraph 20C (b) (i)
omit
NNTT;
insert
mediator;
[10] Order 78, Division 4, heading, including the note
substitute
Division 4 Mediation
Note See also Division 4 of Part 4 of the Native Title Act.
[11] Order 78, rule 21
omit
[12] Order 78, subrule 21A (1), except the note
omit
136GA (4)
insert
94P (4)
[13] Order 78, subrule 21A (1), note
substitute
Note If a person conducting a mediation considers that a party, or the party’s representative, did not act or is not acting in good faith in relation to the conduct of the mediation, the presiding member may report the failure to the Court — see subsections 94P (4) and (5) of the Native Title Act.
[14] Order 78, subrule 21A (3)
omit
presiding member of the NNTT
insert
mediator
[15] Order 80, rule 4, heading
substitute
4 Referral to a lawyer
[16] Form 15B, heading
substitute
Form 15B Certificate of lawyer
(Order 11, rule 1B)
[17] Form 15B
omit
(name of legal practitioner)
insert
(name of lawyer)
[18] Schedule 2
Item | omit each mention of | insert |
1 | 254 | 262 |
2 | 114 | 118 |
3 | 110 | 113 |
4 | 153 | 158 |
5 | 139 | 143 |
8 | 140 | 144 |
9 | 114 | 118 |
10 | 91 | 94 |
11 | 114 | 118 |
12 | 97 | 100 |
13 | 77 | 79 |
14 | 11 | 12 |
19 | 91 | 94 |
20 | 14 | 15 |
23 | 62 | 64 |
24 | 77 | 79 |
26 | 76 | 78 |
28 | 166 | 171 |
28 | 41 | 42 |
30 | 41 | 42 |
31 | 74 | 76 |
31 | 15 | 16 |
32 | 68 | 70 |
33 | 13 | 14 |
34 | 42 | 43 |
34 | 13 | 14 |
35 | 114 | 118 |
35 | 165 | 170 |
36 | 330 | 340 |
36 | 1 481 | 1 530 |
37 | 268 | 276 |
37 | 1 217 | 1 242 |
37 | 114 | 118 |
37 | 496 | 511 |
37 | 61 | 63 |
37 | 264 | 272 |
38 | 76 | 78 |
39 | 165 | 170 |
39 | 41 | 43 |
40 | 376 | 388 |
43A | 3 471 | 3 579 |
43B | 2 225 | 2 294 |
43C | 1 917 | 1 976 |
43D | 5 670 | 5 846 |
43E | 2 001 | 2 063 |
43F | 1 614 | 1 664 |
43G | 3 767 | 3 885 |
43H | 5 920 | 6 104 |
44 | 196 to 970 | 202 to 1 000 |
45 | 114 to 182 | 118 to 188 |