Daniel v State of Western Australia [2000] FCA 858

FEDERAL COURT OF AUSTRALIA

Daniels v State of Western Australia [2000] FCA 858

EVIDENCE - expert opinion – whether opinion based on specialised knowledge – relevance of hearsay evidence to that finding.

EVIDENCE – hearsay evidence – whether admissible in expert's opinion – whether appropriate to be given limited usage – whether appropriate to refuse admission.

NATIVE TITLE – expert evidence – whether rules of evidence should be varied or waived.

Evidence Act 1995 (Cth) ss 79, 135, 136 Native Title Act 1993 (Cth) s 82(1)

HG v R (1999) 160 ALR 554, followed Lee v R (1998) 157 ALR 394, referred to Milirrpum v Nabalco Pty Ltd (1970) 17 FLR 141, referred to Pownall v Conlan Management Pty Ltd (1995) 12 WAR 370, not followed Tomark Pty Ltd v Beleve Cresent [1999] NSWCA 347, cited CA Henschke v Rosemount Estates [1999] FCA 1561, cited Quick v Stoland Pty Ltd (1998) 157 ALR 615, applied Re Guide Dog Owners' & Friends Association Inc v Guide Dog Association of New South Wales & ACT (1998) 154 ALR 527, referred to Ward v State of Western Australia (1998) 159 ALR 483, referrred to Yarmirr v Northern Territory of Australia (1998) 156 ALR 370, referred to

DANIELS & OTHERS FOR THE NGARLUMA PEOPLE, MONADEE & OTHERS FOR THE YINDJIBARNDI PEOPLE, HOLBOROW (NEE COSMOS) & OTHERS FOR THE YABURARA & MARDUDHUNERA PEOPLES AND DALE & OTHERS FOR THE WONG-GOO-TT-OO PEOPLE v THE STATE OF WESTERN AUSTRALIA & OTHERS WAG 6017 of 1996 and part of WAG 127 of 1997 and part of WAG 6256 of 1998

R D NICHOLSON J

26 JUNE 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6017 OF 1996

and part of WAG 127 of 1997

and part of WAG 6256 of 1998

BETWEEN: DANIELS & OTHERS FOR THE NGARLUMA PEOPLE AND MONADEE & OTHERS FOR THE YINDJIBARNDI PEOPLE