Yes. The purpose of a Native Title application is to have the Federal Court of Australia make a determination that Native Title exists and also to say who has the Native Title and what the Native Title rights and interests are.
- If no-one contests the Native Title application the Court may make an unopposed determination.
- If all the parties involved reach an agreement through mediation, the Court may make a consent determination.
- If the people involved in mediation do not reach an agreement then the Native Title application goes to Court for a litigated determination, and the parties involved will have to argue their case before a Judge. This is called litigation.
- Parties may be required to file anthropological and historical reports with the Court and to give copies to other parties.
- Once an application goes to trial, the parties will be required to give evidence in court to establish whether Native Title does or does not exist in the claimed area.
- The Federal Court determines if Native Title exists or not.