87Power of Federal Court if parties reach agreement

87  Power of Federal Court if parties reach agreement

 (1) This section applies if, at any stage of proceedings after the end of the period specified in the notice given under section 66:

 (a) agreement is reached on the terms of an order of the Federal Court in relation to:

 (i) the proceedings; or

 (ii) a part of the proceedings; or

 (iii) a matter arising out of the proceedings; and

 (aa) all of the following are parties to the agreement:

 (i) the parties to the proceedings;

 (ii) the Commonwealth Minister, if the Commonwealth Minister is intervening in the proceedings at the time the agreement is made; and

 (b) the terms of the agreement, in writing signed by or on behalf of the parties to the proceedings and, if subparagraph (aa)(ii) applies, the Commonwealth Minister, are filed with the Court; and

 (c) the Court is satisfied that an order in, or consistent with, those terms would be within the power of the Court.

When a registered native title claimant is taken to be a party to the agreement

 (1AA) The requirements that a party to the proceedings that is a registered native title claimant be a party to the agreement and sign the terms of the agreement are satisfied if:

 (a) a majority of the persons who comprise the registered native title claimant are parties to the agreement and sign the terms, unless paragraph (b) applies; or

 (b) if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement and sign the terms—those persons are parties to the agreement and sign the terms.

 (1AB) The persons in the majority must notify the other persons who comprise the registered native title claimant within a reasonable period after becoming parties to the agreement and signing the terms, as mentioned in paragraph (1AA)(a). A failure to comply with this subsection does not invalidate the agreement or any signature.

Power of Court

 (1A) The Court may, if it appears to the Court to be appropriate to do so, act in accordance with:

 (a) whichever of subsection (2) or (3) is relevant in the particular case; and

 (b) if subsection (5) applies in the particular case—that subsection.

Agreement as to order

 (2) If the agreement is on the terms of an order of the Court in relation to the proceedings, the Court may make an order in, or consistent with, those terms without holding a hearing or, if a hearing has started, without completing the hearing.

Note: If the application involves making a determination of native title, the Court’s order would need to comply with section 94A (which deals with the requirements of native title determination orders).