Dieri People v State of South Australia [2000] FCA 1327

FEDERAL COURT OF AUSTRALIA

Dieri People v State of South Australia [2000] FCA 1327 NATIVE TITLE - proceedings arising out of claim under the Native Title Act 1993 (Cth) - Orders made that the applicants provide certain particulars and information in relation to a number of aspects of the applicants' claim - applicants filed further particulars and further information - respondents complained that the additional material filed did not satisfy those orders - consideration of the extent to which normal principles of pleadings under the Federal Court Rules apply in such proceedings - consideration of requirements as to pleadings under the Native Title Act 1993 (Cth) - whether claim that some of the information requested is confidential excuses obligation to comply with Order - whether Order complied with by reference in general way to extensive affidavit of proposed evidence.

Federal Court of Australia Act 1976 (Cth) s 50 Native Title Act 1993 (Cth) s 82 Federal Court Rules O1 r 8, O 10, O 10 r 1(2)(a)(v), O11, O 12, O 78 r 3(2) Petroleum Act 1940 (SA) Petroleum Act 2000 (SA)

Dare v Pulham (1982) 148 CLR 658 considered Ward and others (on behalf of the Miriuwang and Gajerrong People) v State of Western Australia (1998) 159 ALR 483 considered Jones and others of the Dalungbara, Batchala and Ngulungbara People of Kgari v Queensland (Queensland Supreme Court, 3 November 1998, unreported, par 21) considered Lenijamar Pty Ltd v AGC (Advances) Ltd (1990) 27 FCR 388 considered State of Western Australia v Ward (on behalf of the Miriuwung Gajerrong People) (1997) 145 ALR 512 applied Clarrie Smith v Western Australia [2000] FCA 526 applied Daniels v State of Western Australia [1999] FCA 686 applied Strickland v Native Title Registrar (1999) 168 ALR 242 distinguished Western Australia v Ward & Ors (2000) 170 ALR 159 applied Mabo v Queensland (No 2) (1992) 175 CLR 1 followed