Allison v State of Western Australia [2007] FCA 1969

FEDERAL COURT OF AUSTRALIA

Allison v State of Western Australia [2007] FCA 1969

REYNOLD ALLISON & ORS v STATE OF WESTERN AUSTRALIA & ORS WAD 6059 OF 1998

SACKVILLE J

12 DECEMBER 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 6059/1998

BETWEEN: REYNOLD ALLISON & ORS

APPLICANT

AND: STATE OF WESTERN AUSTRALIA & ORS

RESPONDENTS

JUDGE: SACKVILLE J

DATE OF ORDER: 12 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: Upon an undertaking by each of Shayne Daley of Shayne Daley & Associates and Peter Willis of counsel severally (counsel for the Movers), to the Opponents in this proceeding and to this Court that they will: (a) maintain full confidentiality of all documents and other communications to which they obtain access under this order; and (b) not disclose to anyone, including their clients (that is, the Movers), any such documents and other communications, or any part thereof, to which they obtain access under this order, EXCEPT: (c) anything that is expressly agreed in writing with the Opponents; (d) anything the subject of further order of this Court; (e) material which comes into the public domain otherwise than in breach of this undertaking; (f) material which is filed with any court or tribunal in connection with an application in respect of native title rights and interests; or (g) as required under compulsion of law. 1. The Opponents: (a) provide to the Movers at their address for service in the amended notice of motion filed on 31 August 2007 (Shayne Daley & Associates) a list of; and (b) make available to the Movers for inspection and, upon request, copying, all information that is contained within documents in the Opponents' possession, custody or control, relating to: (i) this proceeding (also known as the 'Sir Samuel No 2 claim'); (ii) the original application lodged in the National Native Title Tribunal numbered WC 95/82; (iii) any reports commissioned in contemplation of any new application for the determination of Native Title which includes or overlaps the boundaries of the Sir Samuel No 2 claim, including the proposed claim known as 'Yingkatala'; and (iv) all communications with the Central Desert Native Title Services, or its predecessor (Ngaanyatjarra Council), relating to any proposed application for the determination of Native Title which includes or overlaps the boundaries of the Sir Samuel No 2 claim, including the proposed claim known as 'Tarlpa'. 2. The Opponents provide to the Movers by email within three working days of the date of these orders a copy of the report prepared by Dr Lee Sackett (referred to in the letter of 6 December 2007 from the Goldfields Land and Sea Council to Sackville J's associate) 3. The parties have liberty to apply on three days notice. 4. There be no order as to the costs of the Motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.