ABSTRACT

The Federal Court of Australia is established under Chapter III of the Constitution, with general jurisdiction over civil matters arising under Commonwealth law. Established by the eponymous Commonwealth Federal Court of Australia Act 1976, the new institution began operation on 1 February 1977. In order to meet the exacting standards of Federal Court proceedings, all claim documentation required substantial redrafting and supplementation with affidavits and other materials. Aside from the formal practices and procedures adopted by the Federal Court to handle native title claims, judges and registry staff were not immune to the general trend to cross-cultural education. Yorta Yorta, the first native title claim to be heard by the Federal Court under the Native Title Act was made over land and waters in New South Wales and Victoria. In many ways, the Federal Court's performance within the native title system can be seen as a genuine triumph of institutional adaptation.