On Foot Legal Terms

By 25 noviembre, 2022 No Comments

Jurisdiction The extent of the legal power of the court or authority to enforce the law. A procedure in which the parties involved in legal proceedings must inform each other of the documents they hold that relate to the issues in dispute between the parties. Initial jurisdiction Power or statutory power of the Court of Justice to hear a case at first instance. Application for Claiming Native Land RightsA request for legal recognition of Indigenous Australians` Indigenous land rights and interests. Applicant The person, entity or body that applies to the court for legal proceedings against one or more other persons. Also known as «plaintiffs» in admiralty and corporate cases and in some other courts. At the National Native Title Tribunal, the applicant is the person(s) who is applying for Aboriginal title or a future decision. Defendant means the person, entity or entity against whom legal proceedings are initiated. Also known as the «defendant» in admiralty and corporate cases and in some courts. In a complaint, it is the party who did not file the complaint.

Party not represented by a lawyer A party to the proceedings who is not represented by a lawyer and who conducts the proceedings in his or her own name. ILUA Indigenous Land Use Agreement, a voluntary, legally binding agreement on the use and management of land or water between one or more indigenous title groups and others (such as miners, ranchers, governments). Ineligible application Application from a person who does not claim to have Aboriginal title, but is trying to determine whether or not Aboriginal title exists. Country area The thematic area in which the Court`s work is organized and managed. Judgment A final order or series of orders made by the Court of Justice at the end of a hearing, often accompanied by a statement of reasons setting out the facts and the law. A judgment is considered «reserved» if the Court postpones delivery of the judgment to a later date in order to have time to consider the evidence and arguments. A judgment is considered «ex tempore» if the Court of Justice delivers it at the hearing or shortly thereafter. Determination of Aboriginal title Decision of an Australian court or other recognized body whether or not Aboriginal title exists.

A decision is taken either when the parties have reached an agreement following mediation (consent provision) or following legal proceedings (procedural determination). Application for determination of future law An application asking the National Native Title Tribunal (NNTT) to determine whether a future act (with or without conditions) can be performed. First instance Case heard within the original jurisdiction of the Court of Justice. Counterclaim A claim brought by a party against a co-party, such as the first defendant (or defendant) against the second defendant (or defendant). However, if the claim in the proceedings is directed by a party against a counterparty, for example: The defendant (or defendant) against the plaintiff (plaintiff), this is called a counterclaim. A standby action must be closely related to what is at issue in the original claim or counterclaim. Future legal act A proposed activity on land and/or in waters that may affect native title to land. Application Document that initiates most proceedings before the Federal Court. AppealApplication to a higher court to review a decision of a lower court. For example, an appeal from a decision of a federal judge may be filed with the Federal Court, and a decision of a single judge of the Federal Court may be appealed to the Full Court of the Federal Court.

Plenary Three or more judges sit together to hear a trial. Mediation (or Assisted Dispute Resolution) The process in which an impartial third party (the mediator) helps the parties try to reach an agreement or settlement without the need for a court decision. Applied to the country description to activities that take place on the ground in question, such as mediation conferences or Federal Court hearings, that take place on or near the area on which an application for national title falls. Milestone Agreement An agreement on matters, such as a process or framework agreement, that results in the resolution of an Aboriginal land title issue, but does not resolve it completely. Member of the National Aboriginal Titles Tribunal A person appointed by the Governor General as a member of the Tribunal under the Native Land Titles Act. Members are classified as presidential, not presidential. Some members are full-time and others part-time. Role systemA system in which each case is assigned to a specific judge, who then follows the case to completion. In the Federal Supreme Court, the system is called the Individual Role System (IDS).

Application for interim measures The interim measures procedure is used to deal with a specific issue in a case – usually between the filing of the application and the final hearing and decision. An application for interim measures (e.g. an injunction) or for a procedural step (e.g. disclosure) may be made. Aboriginal Land Claims Registry The record of applications filed by applicants for Aboriginal title in federal court, referred to the Judicial Registrar – Aboriginal Title, and generally meeting the requirements of the registration test. PBC Prescribed Body Corporate, an organization designated by Aboriginal title holders to represent them and manage their rights and interests in Aboriginal title once a national title has been determined to exist. All parties to the negotiations must negotiate in good faith the execution of future instruments to which the right to negotiate applies (Native Land Titles Act 1993, § 31(1)(b)). See the list provided by the NNTT of indicators presented in its guide to future legislative decisions under the www.nntt.gov.au bargaining law system. Each party and any person representing a party must act in good faith with respect to the mediation of an application for national title (section 136B(4)).

InstructionsOrders of the court or a judge relating to the conduct of the proceedings. Before hearing or hearing a case, a judge may give instructions so that the parties involved are well prepared. The instructions usually include a list of actions to be taken by the parties and the deadline for those steps. The steps typically include submitting documents and defining issues that require a court decision. There are many types of alliances, such as absolute covenants, active covenants, positive alliances, restrictive alliances, explicit covenants, implicit covenants, real covenants, personal covenants, and many others. The categorization of a federation depends on what the federation requires of the parties and by what means the federation is concluded. Administrative Communications See practice notes. Administrative communications are no longer used by the Court of Justice.

Parties persons involved in legal proceedings. Plaintiffs, appellants, defendants and defendants are generally referred to as «parties.» Notification The process by which individuals, organizations and/or the public are informed by the appropriate government of their intention to take certain action or by the NST that certain requests have been made under the Act. Filing of documents Procedure in which the court accepts one or more documents filed by a party to the proceedings. Electronic court recordAn electronic court record is a digital version of the court record that contains all documents submitted to or created by the court. ClaimA claim by Indigenous Australians for loss of or infringement of their Indigenous title. Alternative Procedural AgreementA kind of indigenous land use agreement. Future determination of action Decision of the NNTT that a future action cannot be performed or can be executed with or without conditions. In making its decision, the court takes into account (inter alia) the impact of the future law on the enjoyment of the rights and interests registered by the party in its domestic capacity, as well as the economic or other impact of the future law and any public interest in the law.

Action plea: A technical term used in the Federal Court`s electronic case management system to close proceedings before the court. There are sixteen main means and five additional means. These classifications differ from the way we organize and manage our work, which is carried out across nine National Areas of Practice (NPAs). See National Area of Practice. Registration test A set of conditions under the Native Land Titles Act, 1993 that apply to applications for claims of native land rights. If an application meets all the conditions, it will be added to the Aboriginal Land Claims Registry, and applicants will then have the right to negotiate with certain other rights while their application is pending.