At the final hearing

The final hearing of the proceedings will take place usually in a court in the Court’s building at 225 Macquarie Street, Sydney or, for country matters in a court in regional New South Wales. The Court’s direction fixing the final hearing will state the venue. The venue will also be stated on the Court Lists posted on the notice board in the foyer of the Court’s building and on the court’s website on the afternoon of the day before the final hearing is to occur. The Sydney Morning Herald may also (but does not always) publish the Court Lists on the morning of the date set for the final hearing.

The usual commencing time is 10.00 am. A judge will conduct the final hearing, assisted by a commissioner whose appointment included the qualification of having knowledge of matters concerning land rights for Aboriginal people (see s 12(2)(g), s 30(2A) and s 37(2) and 37(3) of the Land and Environment Court Act) except in limited circumstances (see s 37(4) of the Land and Environment Court Act).

The Crown Lands Minister has the onus of satisfying the court that the lands claimed or a part thereof are not or is not claimable Crown lands (see s 36(7) of the Aboriginal Land Rights Act).

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