Court document · Native Title & First Nations Legal Work

Native title determination application (claimant application, Form 1): completion guide

Link to the Federal Court's current Form 1 under the Native Title (Federal Court) Regulations 2024, with a guide to the section 61 and 62 requirements, the applicant's affidavit, authorisation, the registration test and handling culturally restricted material.

Kind
Court document. A document filed or served in a court or tribunal.
Where it applies
Australia
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Link to the official form

Where this comes from

The official form is published by fedcourt.gov.au; this page is a completion guide. Last checked on 2026-10-17.

When to use it

Use when preparing a claimant application for a determination of native title over an area with no approved determination. Do not use for non-claimant, revised or compensation applications (Forms 2 to 4), and always download the current form from the Court.

How AI may be used

Lawyer-led. AI may help index and check the completeness of approved, non-restricted materials, only with the claim group's informed consent and in a secure tool that does not train on inputs. It must not draft the claim group description, rights and interests, factual basis or any affidavit content.

AI may

  • Check a draft application against the s 62(2) list and the Form 1 headings and list missing items
  • Index approved, non-restricted connection and search material by topic and date, with document references
  • Build a registration-test checklist against ss 190B and 190C from the lawyer's draft

AI must not

  • Must not process secret, sacred, gender-restricted or otherwise restricted cultural material
  • Must not draft the description of the claim group, the rights and interests claimed or the factual basis
  • Must not write any part of an applicant's affidavit, which must reflect the deponent's own knowledge and belief
  • Must not be used without the claim group's informed consent recorded under the firm's ICIP and data protocol

The lawyer checks

  • Authorisation under s 251B (traditional or agreed process) and any s 251BA conditions are proved and described
  • Boundaries, map, excluded areas and tenure searches are complete and consistent
  • Each applicant's affidavit addresses every s 62(1A) matter in their own words
  • Any AI use that must be disclosed under GPN-AI is disclosed at the start of the document

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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