Federal Court of Australia
C A T C H W O R D S APPEAL - leave to appeal - practice and procedure - appeal from interlocutory judgment - native title claim - directions orders made to exclude parties, their legal representatives and anthropologists from hearing of "gender restricted" evidence from witnesses of different sex - further direction that access be similarly refused to transcript of evidence or other record made of such evidence - recent decision by Federal Court Judge in another native title application doubting Court's power to make such orders - whether decision attended with sufficient doubt - whether substantial injustice would result if leave were refused (supposing the decision to be wrong) - whether matters of importance raised by proposed appeal - leave granted. Native Title Act 1993 (Cth) ss.82(2), 85 Judiciary Act 1903 (Cth) s.78 Constitution Chapter III Thomas Borthwick & Sons (Pacific Holdings) Ltd & Ors v. Trade Practices Commission (1988) 79 ALR 171 Decor Corporation Pty Ltd & Anor v. Dart Industries Inc (1991) 33 FCR 397 In Re the Will of F.B.Gilbert (dec.) (1946) 46 S.R. (N.S.W.) 318 Cokerill & Ors v. Westpac Banking Corporation (Federal Court of Australia, Drummond J. unreported, 7 April 1997, Judgment No. 241 of 1997) Yarmirr & Ors v. The Northern Territory of Australia & Ors (Federal Court of Australia, Olney J. unreported, 15 April 1997, Judgment No. 274 of 1997). Brimaud v. Honeysett Instant Print Pty Ltd (Supreme Court of New South Wales, Equity Division 19 September 1988) Darling Harbourside (Sydney) Pty Ltd v. Sanirise Pty Ltd (Full Court, unreported, 17 May 1996, Judgment No. 582 of 1996) BEN WARD & ORS ON BEHALF OF THE MIRIUWUNG GAJERRONG PEOPLES v. THE STATE OF WESTERN AUSTRALIA & ORS No. WAG 6001 of 1995
CARR J 14 MAY 1997 PERTH
IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) No. WAG 6001 of 1995 DISTRICT REGISTRY ) GENERAL DIVISION ) B E T W E E N : BEN WARD & ORS ON BEHALF OF THE MIRIUWUNG GAJERRONG PEOPLES Applicants - and - THE STATE OF WESTERN AUSTRALIA & ORS Respondents CORAM: CARR J DATE:14 MAY 1997 PLACE: PERTH
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