The role of the "applicant" in native title disputes

Proceedings under the Native Title Act 1993 (Cth) are conducted, on behalf of the native title claim group, by authorised members of the claim group known as the applicant. This article considers the identification of the applicant for the purposes of the Act, and considers the nature and extent of the applicant's authority to negotiate, and bind the claim group to, settlements of native title disputes. The principal opportunities for negotiation of disputes - mediation in connection with determination proceedings, the negotiation of indigenous land use agreements, and negotiations pursuant to the right to negotiate provisions - are considered. The authors particularly focus on how dysfunction in the claim group and the applicant can stymie the progress of native title disputes, and how legal representatives and opponents can respond to such difficulties.