Daniel v State of Western Australia [2001] FCA 223

FEDERAL COURT OF AUSTRALIA

Daniel v State of Western Australia [2001] FCA 223 EVIDENCE – admissions – communications by applicants for native title and others to expert anthropologist – recorded in field notes – whether documentation of communications admissible as admissions EVIDENCE – hearsay – communications by applicants for native title and others to expert anthropologist – recorded in field notes – viva voce and documentary evidence of communications- whether admissible as relevant for a purpose other than proof of the fact intended to be asserted by the representation – whether court should limit the use to be made of the evidence or exclude it – relevance of opportunity for cross-examination Evidence Act 1995 (Cth), ss 60, 79, 81(1), 82, 135, 136 Heydon Cross on Evidence 6th ed. Butterworths 2000 at [29080] and at [29165] Freckleton et al The Law of Expert Evidence Lawbook Company 1999 at pp 658 – 659 Daniel v State of Western Australia [1999] 94 FCR 537, referred to Daniel v State of Western Australia [2000] FCA 858, applied HG v R (1999) 160 ALR 554, referred to Lee v R (1998) 157 ALR 394 at 502, referred to Sampi v State of Western Australia [2001] FCA 110 at 20 – 21, cited South Sydney District Rugby League Football Club Ltd v News Ltd (No.4) [2000] FCA 1211, referred to Lardil & Others v State of Queensland [2000] FCA 1548, distinguished Rothmore Farms Pty Ltd (in liq) v Balgravier Pty Ltd [1999] FCA 598, distinguished Quick v Stoland Pty Ltd (1998) 157 ALR 615, referred to Milirrpum v Nabalco Pty Ltd (1970) 17 FLR 141 at 161, referred to Yarmirr v Northern Territory of Australia (1998) 156 ALR 370 at 397 – 400, referred to DANIEL & 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 14 March 2001 PERTH