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.
CROWN LANDS MINISTER
SUBPOENA PUBLIC AUTHORITIES AND OFFICALS 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
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.
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:
all documents relevant to the Minister’s decision to refuse the claim the subject of the appeal
the Minister’s decision and reasons for making the decision
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.
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
AGREE ON DESCRIPTIVE NAME FOR PROCEEDINGS
The parties are to agree upon a descriptive name to be allocated to the proceedings
Practice Note for Class 3 Aboriginal Land Claims
Usual directions - first directions hearing
Usual directions - second directions hearing
Usual directions - third directions hearing