Lovett v Victoria (No 4)

In the case of Lovett v Victoria (No 4), the applicants sought an amendment to a determination of native title made by the Federal Court. The dispute centred around the omission of certain parcels of land from the determination area table (DAT) of the native title determination made on 30 March 2007. The applicants argued that the omission was accidental and sought to have the DAT amended to include the omitted land parcels and their status under the determination.

The legal issues before the court involved the proper procedure for amending a native title determination, specifically whether the amendments should be made under section 13 of the Native Title Act 1993 (Cth) or under rule 7 of Order 35 of the Federal Court Rules. The court needed to consider whether the full notification process mandated by sections 13, 61, 63, and 66 of the Act was necessary given the nature of the amendments and the consent of the relevant parties.

The court concluded that given the consent of both the applicants and the parties whose interests might be affected, and the minor nature of the amendments, it would serve no useful purpose to require the full notification process under the Act. Instead, the court found that the amendments could be made under rule 7(2)(f) and (3) of the Federal Court Rules. The court ordered that the DAT should be amended to include the omitted parcels of land and their status, with the amendments noting that they were made pursuant to the court's orders. The Native Title Registrar was also directed to update the National Native Title Register and notify the relevant land titles office of the amended determination.

In summary, the court allowed the applicants to amend the native title determination by adding the omitted land parcels to the DAT, without requiring the full notification process, and directed the Native Title Registrar to update the relevant registers and offices.