Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Harrington-Smith on behalf of the Wongatha People v State of
Western Australia (No 7) [2003] FCA 893 NATIVE TITLE – case management – expert opinion evidence – numerous voluminous reports of expert witnesses and numerous evidentiary objections to them – how to deal with the objections in the course of the conduct of trial – principles governing decisions on the objections – deficiencies in reports of expert witnesses. EVIDENCE – application for determination of native title – case management – expert opinion evidence – numerous voluminous reports of expert witnesses and numerous evidentiary objections to them – how to deal with the objections in the course of the conduct of trial – principles governing decisions on the objections – deficiencies in reports of expert witnesses. Native Title Act 1993 (Cth) s 82 Evidence Act 1995 (Cth) ss 55, 56, 59, 60, 79, 135, 136 Walker v Walker (1937) 57 CLR 630 cited HG v The Queen (1999) 197 CLR 414 cited Trade Practices Commission v Arnotts Ltd (No 5) (1990) 21 FCR 324 cited Arnotts Ltd v Trade Practices Commission (1990) 24 FCR 313 cited Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 referred to Ramsay v Watson (1961) 108 CLR 642 cited Paric v John Holland Constructions Pty Ltd [1984] 2 NSWLR 505 cited Paric v John Holland (Constructions) Pty Ltd (1985) 62 ALR 85 cited Quick v Stoland Pty Ltd (1998) 87 FCR 371 referred to Daniel v State of Western Australia (2000) 178 ALR 542 discussed Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd (2002) 55 IPR 354 cited Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 cited Yarmirr v Northern Territory of Australia (1998) 82 FCR 533 cited Ward v State of Western Australia (1998) 159 ALR 483 cited Lardil, Kaiadilt, Yangkaal, Gangalidda Peoples v States of Queensland [2000] FCA 1548 followed Welsh v R (1996) 90 A Crim R 364 cited Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 5) (1996) 64 FCR 73 referred to RW Miller & Co Pty Ltd v Krupp (Australia) Pty Ltd (1991) 34 NSWLR 129 cited The Queen v Perry (No 4) (1981) 28 SASR 119 cited Cross on Evidence (1991) (Australian edition) referred to
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