---
title: "Native title determination application (claimant application, Form 1): completion guide"
url: "https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/native-title-claimant-application"
type: "precedent"
site: "AI Law Framework"
id: "a36-native-title-claimant-application"
area_id: "A36"
kind: "court-document"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/native-title-claimant-application  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Court document. A document filed or served in a court or tribunal.
- Practice area: [Native Title & First Nations Legal Work](https://ailawframework.com/precedents/native-title-and-first-nations-legal-work.md)
- Jurisdictions: Australia
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the official form at fedcourt.gov.au and the 4 authorities it cites, for Australia.

## 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

## Authorities

- [Native Title Act 1993 (Cth) ss 61, 62 and 251B](https://www.legislation.gov.au/C2004A04665/latest/text)
- [Native Title Act 1993 (Cth) ss 190A, 190B and 190C (registration test)](https://www.legislation.gov.au/C2004A04665/latest/text)
- [Native Title (Federal Court) Regulations 2024 (Cth) Form 1](https://www.fedcourt.gov.au/forms-and-fees/forms/native-title-regulations)
- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI), 16 April 2026, paras 4.5, 4.8 and 4.10 to 4.11](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)

## Official form

[Official form](https://www.fedcourt.gov.au/forms-and-fees/forms/native-title-regulations)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/native-title-claimant-application and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*