Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gale v New South Wales Minister for Land & Water Conservation [2001] FCA 1652
NATIVE TITLE – application for court-appointed expert – purpose of court appointing expert – Court's role not to assist one party to proceedings – joint and several liability of parties for the payment of the cost of expert witness – ability of party making application to contribute to costs of expert – costs of application.
Native Title Act 1993 (Cth), s 85A Federal Court Rules, O 34 r 2, O 34 r 5
Dalrymple Holdings Pty Ltd v Gohl, unreported, 31 March 1993, Federal Court, Spender J, cited Britten v State of Western Australia [2001] FCA 1256, referred to
Practice Direction: Guidelines for Expert Witnesses in proceedings in the Federal Court of Australia DENNIS CHARLES GALE v NEW SOUTH WALES MINISTER FOR LAND & WATER CONSERVATION & ORS NG 6004 of 1998 MADGWICK J 23 NOVEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG6004 of 1998
BETWEEN: DENNIS CHARLES GALE ON BEHALF OF THE DARUG PEOPLE
APPLICANT
AND: NEW SOUTH WALES MINISTER FOR LAND AND WATER CONSERVATION
FIRST RESPONDENT
NEW SOUTH WALES ABORIGINAL LAND COUNCIL
SECOND RESPONDENT
DERRUBBIN LOCAL ABORIGINAL COUNCIL
THIRD RESPONDENT
IAN BUNDELUK WATSON
FIFTH RESPONDENT
SHARON RICHARDS
SEVENTH RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 23 NOVEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for the appointment of a Court expert be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG6004 of 1998
BETWEEN: DENNIS CHARLES GALE ON BEHALF OF THE DARUG PEOPLE
APPLICANT
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