Guide to Native Title Form 5
Notice of intention to become a party to an application
Please read this guide and the form carefully. As the person or organisation giving notice of intention to become a party to a native title determination application, you are responsible for making sure all your paperwork is in order before any Court hearing. Although the Court’s Registry staff can help you complete the form and give you information about procedure, they cannot give you legal advice and they are not responsible for the accuracy of your documents.
How do you apply?
The Form 5 should be completed and filed in the Federal Court within the period specified in the notification letter or advertisement from the National Native Title Tribunal (NNTT). The Form 5 must be received by the Court no later than 4.30pm on the last day of that notification period.
Where do you lodge the Form 5?
The Form 5 may be lodged in person at the Federal Court Registry, by post, by facsimile or by eLodgment. Please refer to the contact information at the bottom of this guide. Information and instructions on registering and using eLodgment are contained in the eLodgment information sheet. Further information about eLodgment can be found in the “Online Services” section of the Court’s website: http://www.fedcourt.gov.au/online-services.
(Note: When eLodging a Form 5 – Notice of Intention to Become a Party, the document can be found in the drop-down menu under the ‘Notice/Request’ heading. The ‘Role type’ of the party seeking to be joined will be "Respondent" or "Legal Representative Respondent".)
How do you fill in the Form 5?
The Form 5 is to be completed in full by printing clearly in pen or by typing.
A separate Form 5 should be completed by each person or the organisation (i.e. interest holder) wanting to become a party. However, persons or members of a family may use the one form where they are asserting that each person or family member holds the same or a similar interest that may be affected by a Native Title Determination Application and have the same service address. It is essential that a service address, phone number and an email contact are provided in the form. Each person or family member must sign the form confirming that they each wish to become a respondent party.
If you are filing a Form 5 but have not been notified directly by the NNTT, you must include evidence of the interest you are seeking to rely upon to support your application, for example by attaching a copy of the lease, licence or permit that is within the native title claim area.
Please refer to the margin notes on the Form 5 to assist in filling out the form.
Should you require assistance about whether you have an interest that may be affected by a Native Title Determination Application you should obtain your own legal advice.
What happens next?
The Federal Court reviews all Form 5 applications to become a party before accepting them for filing. You will be notified if you are required to attend Court or provide any further written reasons or documents to support your application. If accepted for filing, you will immediately become a party to the matter and can be given ‘party’ access on the Commonwealth Courts Portal (see the ‘online services’ page mentioned above). The Court will also write to all respondents at the end of the notification process attaching a Court note, listing all parties joined as a respondent pursuant to s84(3) of the Native Title Act 1993 (Cth), and a current party contact list for the proceeding.
What happens if I am made a party?
All parties in proceedings before the Federal Court are required to act consistently with the Court’s goal of resolving disputes according to law and as quickly, inexpensively and efficiently as possible. All parties have a responsibility to participate in the proceedings when required, to comply with Court orders affecting them and to maintain their knowledge of where a proceeding is up to. You must inform the Court in writing of any change in your address for service or contact details within 14 days of the change.
Federal Court Addresses:
Australian Capital Territory Registry
Nigel Bowen Commonwealth Law Courts Building
CANBERRA CITY ACT 2601
Phone - (02) 6267 0666
Fax - (02) 6267 0625
New South Wales Registry
Level 17, Law Courts Building
SYDNEY NSW 2000
Phone - (02) 9230 8567
Fax - (02) 9230 8535 (General)
Fax - (02) 9230 8295 (Fax filing)
Northern Territory Registry
Level 3, Supreme Court Building
DARWIN NT 0800
GPO Box 1806
DARWIN NT 0801
Phone - (08) 8941 2333
Fax - (08) 8981 4941
Level 6, Harry Gibbs Commonwealth Law Courts Building
119 North Quay
BRISBANE QLD 4000
Phone - (07) 3248 1100
Fax - (07) 3248 1266
South Australia Registry
Level 5, Roma Mitchell Commonwealth Law Courts Building
3 Angas Street
ADELAIDE SA 5000
Phone - (08) 8219 1000
Fax - (08) 8219 1001
Edward Braddon Commonwealth Law Courts Building
39-41 Davey Street
HOBART TAS 7000
Phone - (03) 6232 1615
Fax - (03) 6232 1601
Owen Dixon Commonwealth Law Courts Building
305 William Street
MELBOURNE VIC 3000
Phone - (03) 8600 3333
Fax - (03) 8600 3351
West Australia Registry
Peter Durack Commonwealth Law Courts Building
1 Victoria Avenue
PERTH WA 6000
Phone - (08) 9268 7100
Fax - (08) 9221 3261 (General)
Fax - (08) 9268 7208 (Fax filing)
Updated August 2020