Bullen v State of Western Australia [2002] FCA 1107

FEDERAL COURT OF AUSTRALIA

Bullen v State of Western Australia [2002] FCA 1107 MALCOLM JOHN BULLEN & ANOTHER, PATRICIA MORICH & OTHERS, ARTHUR DIMER & OTHERS and CEDRIC ANDERSON & OTHERS V STATE OF WESTERN AUSTRALIA & OTHERS WAG 6097 and part of 6130, 6221 and 6181 of 1998

GYLES J SYDNEY 6 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6097 and part of 6130, 6221 and 6181 of 1998

BETWEEN: MALCOLM JOHN BULLEN & ANOTHER

FIRST APPLICANT

PATRICIA MORICH & OTHERS

SECOND APPLICANT

ARTHUR DIMER & OTHERS

THIRD APPLICANT

CEDRIC ANDERSON & OTHERS

FOURTH APPLICANT

AND: STATE OF WESTERN AUSTRALIA

RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 6 SEPTEMBER

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. In the event that any applicant considers it is necessary or appropriate to preserve the evidence of any witness prior to the substantive hearing of the proceeding, such evidence ("preservation evidence") will be taken in the two week period commencing 31 March 2003 ("the session") in the Esperance region at a place or places to be nominated by the Court and, in doing so, will take the steps in the following paragraphs. 2. By 8 November 2002 any of the applicants who intends to lead preservation evidence during the session ("the notifying party") is to notify all other parties of the following matters ("proposals"): (a) the names and residential address of each witness proposed to be called; (b) whether any restrictions are sought on the persons who may attend at the hearing of any evidence or upon the access to the transcript of any evidence, including the nature of the restrictions sought and the reasons in support; (c) a proposed programme for the session detailing inter alia: (i) the dates and places at which each witness will give evidence during the March session (ii) the estimated length of time allocated to the testimony of each witness (d) options for travel and accommodating of the Court and the parties; (e) as to whether Court directed videos are sought, and the proposed regime for the same; (f) a statement setting out: (i) the cultural and customary concerns of the applicants which they wish the Court to take into account in conducting the proceedings; and (ii) any proposals for how the court should conduct the proceedings to take account of those concerns. 3. By 22 November 2002 the parties so notified are to advise the notifying party as to any part or parts of the proposals of the notifying party with which they do not agree. 4. To the extent that there exists a dispute as to any aspect of the proposals, each notifying party shall file and serve a notice of motion supported by affidavit by 6 December 2002, returnable before Gyles J at the directions hearing referred to in paragraph 9 below. 5. Any applicant or respondent who wishes to respond to the affidavits of the notifying party may file and serve any affidavits in response thereto no later than 13 December 2002. 6. A note of the substance of evidence to be given by each witness who it is intended will give evidence during the session is to be filed and served by 31 January 2003. 7. Without prior leave of the Court on good cause being shown, a party will not be permitted to lead evidence from a witness during the session unless the preceding order has been complied with in respect of that witness. 8. On or before 31 January 2003 a notifying party shall file and serve a list of documents which it proposes to tender or refer to in evidence in the March session. 9. The matter be listed for a further directions hearing before Gyles J at 11:00am E.S.T. on Friday 20 December 2002 or such other date and time as may be fixed. 10. A person who gives evidence pursuant to these Orders may be recalled by any party with leave of the Court and give further evidence at the substantive hearing of the proceeding. 11. The parties have liberty to apply generally on 7 days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.