Question to be special case
34.112 Question to be special case
A reference to the Court of the following matters must be in the form of a special case:
a question of fact or law referred under section 94H(1) of the Native Title Act by a person conducting a mediation (the mediator); or
a question of law referred to the Court under section 145(1) of the Native Title Act by the NNTT.
The special case must:
be divided into consecutively numbered paragraphs; and
state the facts, briefly but specifically; and
be accompanied by all documents necessary to enable the Court to decide the questions raised by the special case.
The Court may draw from the facts stated in the special case and the accompanying documents any inference, whether of fact or law, that might have been drawn from them if proved at trial.
On receipt of the referral, a Registrar will fix a return date and place for a directions hearing and endorse those details on the referral.
A Registrar will notify the mediator or the NNTT, and the parties to the mediation or NNTT proceeding of the return date and place.
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