Jango v Northern Territory of Australia (No 2) [2004] FCA 1004

FEDERAL COURT OF AUSTRALIA

Jango v Northern Territory of Australia (No 2) [2004] FCA 1004 EVIDENCE – compensation claim under the Native Title Act 1993 (Cth) – expert anthropological report – Evidence Act 1995 (Cth) s 79 – admissibility of paragraphs in report

Native Title Act 1993 (Cth) ss 50, 61, 82 Evidence Act 1995 (Cth) ss 55, 56, 59, 60, 76, 79, 80, 135, 136 Aboriginal Land Rights Act 1976 (Cth) s 50

Harrington-Smith v Western Australia (No 7) [2003] FCA 893 followed Commonwealth v Yarmirr (2001) 208 CLR 1 cited HG v The Queen (1999) 197 CLR 414 cited Daniel v Western Australia (2000) 178 ALR 542 cited Neowarra v Western Australia (2003) 205 ALR 145 Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705 cited Ward v Western Australia (1998) 159 ALR 483 cited English Exporters (London) Ltd v Eldonwall Ltd [1973] Ch 415 cited Borowski v Quayle [1966] VR 382 cited

Wigmore on Evidence (3rd ed) I Freckelton and H Selby, Expert Evidence: Law, Practice, Procedure and Advocacy (2nd ed, 2002) JOHNNY JANGO & ORS v NORTHERN TERRITORY OF AUSTRALIA & ORS DG 6023 of 1998 SACKVILLE J CANBERRA (HEARD IN SYDNEY) 3 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY DG 6023 of 1998

BETWEEN: JOHNNY JANGO AND OTHERS

APPLICANTS

AND: NORTHERN TERRITORY OF AUSTRALIA

FIRST RESPONDENT

GPT MANAGEMENT LIMITED

SECOND RESPONDENT

COMMONWEALTH OF AUSTRALIA

THIRD RESPONDENT

JUDGE: SACKVILLE J

DATE: 3 AUGUST 2004

PLACE: CANBERRA (HEARD IN SYDNEY)

RULING ON EVIDENCE 1 I am hearing an application pursuant to ss 50(2) and 61(1) of the Native Title Act 1993 (Cth) ('NTA') for a determination of compensation. The application relates to all land within the town of Yulara, the boundaries of the town having been established by proclamation in the Australian Government Gazette on 10 August 1976. The applicants accept that native title rights and interests in the land have been extinguished, but say that they are entitled to compensation pursuant to provisions of the NTA. 2 The hearing commenced at Yulara on 21 October 2003 and has occupied some 30 days of Court time spread over nine months. A further week of hearings is scheduled to commence in Melbourne on 9 August 2004. This time has been set aside to take the evidence of authors of reports on which the applicants wish to rely. The matter was listed by me in advance of the scheduled hearing in order to address objections to the admissibility of two of the reports.