Bropho v State of Western Australia [2005] FCA 941

FEDERAL COURT OF AUSTRALIA

Bropho v State of Western Australia [2005] FCA 941 EVIDENCE – affidavits – objections - rulings Evidence Act 1995 (Cth) ss 59, 72, 78, 78(a), 155, 156, 157, 170, 171, 172, 190(3) Coroners Act 1996 (WA) ss 26(2), 48(5) Public Sector Management Act 1994 (WA) Reserves (Reserve 43131) Act 2003 (WA)

Federal Court Rules O 33 r 5

Gerhardy v Brown (1985) 159 CLR 70 cited Sportodds Systems Pty Ltd v New South Wales (2003) 202 ALR 98 cited BELLA BROPHO ON BEHALF OF THE MEMBERS OF THE SWAN VALLEY NYUNGAH COMMUNITY ABORIGINAL CORPORATION AND ABORIGINAL INHABITANTS OF RESERVE 43131 v STATE OF WESTERN AUSTRALIA, ABORIGINAL AFFAIRS PLANNING AUTHORITY and BARRY CHARLES JAMESON WAD 157 of 2003 NICHOLSON J 8 JULY 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 157 OF 2003

BETWEEN: BELLA BROPHO ON BEHALF OF THE MEMBERS OF THE SWAN VALLEY NYUNGAH COMMUNITY ABORIGINAL CORPORATION AND ABORIGINAL INHABITANTS OF RESERVE 43131

APPLICANT

AND: STATE OF WESTERN AUSTRALIA

FIRST RESPONDENT

ABORIGINAL AFFAIRS PLANNING AUTHORITY

SECOND RESPONDENT

BARRY CHARLES JAMESON

THIRD RESPONDENT

JUDGE: NICHOLSON J

DATE: 8 JULY 2005

PLACE: PERTH

REASONS FOR JUDGMENT 1 These reasons address matters arising from pars 3 – 12 of the applicant's re-amended notice of motion filed on 23 February 2005. 2 Paragraphs 3 – 11 of the motion raise objections to the admission of affidavits tendered by the respondents. Paragraph 12 raises issues in relation to documents. 3 Having considered the written submissions of the parties, I rule as follows in relation to these matters. The rulings are responsive to the written submissions and use the terms appearing in those submissions.

affidavit of caroline jane brazier