Lardil, Kaiadilt, Yangkaal, Gangalidda Peoples v State of Queensland [2000] FCA 1548

FEDERAL COURT OF AUSTRALIA

Lardil, Kaiadilt, Yangkaal, Gangalidda Peoples

v State of Queensland & Ors

[2000] FCA 1548 EVIDENCE - Hearsay evidence - hearsay evidence in an expert's report - consideration of use of hearsay evidence as proof of the fact asserted in the hearsay evidence. NATIVE TITLE - Expert on anthropological evidence - consideration of dispensing with the rules of evidence.

Evidence Act 1995 (Cth) ss 59, 60, 136 Native Title Act 1993 (Cth) s 82 Yarmirr v Northern Territory & Ors [No 2] (1998) 82 FCR 533 Cons Daniels v State of Western Australia [2000] FCA 858 Cited Welsh v R (1996) 90 A Crim R 364 Foll Lee v R (1998) 195 CLR 594 Refd Quick v Stoland (1998) 87 FCR 371 Cited Walker v Walker (1937) 57 CLR 630 Refd

LARDIL, KAIADILT, YANGKAAL, GANGALIDDA PEOPLES v STATE OF QUEENSLAND, COMMONWEALTH OF AUSTRALIA, PASMINCO CENTURY MINE LIMITED, GROUP 2 PASTORAL RESPONDENTS AND QUEENSLAND SEAFOOD INDUSTRY ASSOCIATION QG 207 OF 1997 COOPER J BRISBANE 1 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG207 OF 1997

BETWEEN: LARDIL, KAIADILT, YANGKAAL, GANGALIDDA PEOPLES

APPLICANT

AND: STATE OF QUEENSLAND

FIRST RESPONDENT

COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

PASMINCO CENTURY MINE LIMITED

THIRD RESPONDENT

GROUP 2 PASTORAL RESPONDENTS

EIGHTH, NINTH AND TENTH RESPONDENT

QUEENSLAND SEAFOOD INDUSTRY ASSOCIATION

ELEVENTH RESPONDENT

JUDGE: COOPER J

DATE: 1 NOVEMBER 2000

PLACE: BRISBANE

THE COURT RULES THAT: 1. The Court refuses to make an order under s 136 of the Evidence Act 1995 (Cth) or to dispense with the rules of evidence pursuant to s 82 of the Native Title Act 1993 (Cth). 2. The report of Dr Nicholas Evans filed 26 November 1998 together with the addenda to it will be admitted without limitation as to the operation of s 60 of the Evidence Act 1995 (Cth) to the contents of such material. 3. The oral evidence of Dr Nicholas Evans as to statements made to him by eight named persons in respect of a field trip to locate a relevant site be admitted without limitation as to the operation of s 60 of the Evidence Act 1995 (Cth) to the content of such statements.