Eringa No 1 Native Title Claim v The State of South Australia [2007] FCA 182

FEDERAL COURT OF AUSTRALIA

Eringa No 1 Native Title Claim v The State of South Australia [2007] FCA 182 NATIVE TITLE – preservation of evidence – gender restricted evidence ERINGA NO 1 NATIVE TITLE CLAIM GROUP v THE STATE OF SOUTH AUSTRALIA & OTHERS SAD 6010 OF 1998 ERINGA NO 2 NATIVE TITLE CLAIM GROUP v THE STATE OF SOUTH AUSTRALIA & OTHERS SAD 6002 OF 1999

MANSFIELD J

22 FEBRUARY 2007

ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 6010 OF 1998

BETWEEN: ERINGA NO 1 NATIVE TITLE CLAIM GROUP

AND Applicants

THE STATE OF SOUTH AUSTRALIA & OTHERS

Respondents

BETWEEN: SAD 6002 of 1999

and: ERINGA NO 2 NATIVE TITLE CLAIM GROUP

Applicants

THE STATE OF SOUTH AUSTRALIA & OTHERS

Respondents

JUDGE: MANSFIELD J DATE OF ORDER: 22 FEBRUARY 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Order 4 of the Orders made on 9 November 2004 be varied: (a) deleting "and" from par (a); (b) by re-lettering par (b) as par (c); and (c) by inserting the following: "(b) a female Judge may be appointed to the hearing of the application; and …" 2. The document entitled "Brownie Doolan Preservation of Evidence: Photographs to Tender" be received as Exhibit PE.28 on the hearing to preserve the evidence of Brownie Doolan. 3. The photographs described in Exhibit PE.28 under the heading "Notes" taken at the locations described under the heading "Location" be received in the sequence they are so described as Exhibits PE.29 to PE.59 respectively, with the description and location given to them respectively in Exhibit PE.28. 4. Exhibit PE.53 to PE.59 inclusive are male gender restricted evidence and are subject to the Orders made on 9 November 2004. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.