Hughes on behalf of the Eastern Guruma People v State of Western Australia (No 3) [2019] FCA 2127

FEDERAL COURT OF AUSTRALIA

Hughes on behalf of the Eastern Guruma People v State of Western Australia (No 3) [2019] FCA 2127 File number: WAD 6208 of 1998

Judge: MORTIMER J

Date of judgment: 19 December 2019

Catchwords: PRACTICE AND PROCEDURE – application for leave to inspect material on Court file for determined native title proceeding – applicant is common law native title holder and director of prescribed body corporate – consent received from elders and prescribed body corporate to access being granted – consideration of approach to inspection of documents under r 2.32 of the Federal Court Rules 2011 (Cth) in native title proceedings – further evidence required for grant of access to gender restricted material – access granted to balance of material

Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Federal Court of Australia Act 1976 (Cth) s 37M Native Title Act 1993 (Cth) s 56 Corporations (Aboriginal and Torres Strait Islander) Regulations 2017 (Cth) Federal Court Rules 2011 (Cth) r 2.32

Cases cited: Burragubba on behalf of the Wangan and Jagalingou Peoples v State of Queensland (No 2) [2018] FCA 1031 Hughes on behalf of the Eastern Guruma People v State of Western Australia [2007] FCA 365 Hughes on behalf of the Eastern Guruma People (No 2) v State of Western Australia [2012] FCA 1267 Nicholls on behalf of the Bundjalung People of Byron Bay and Attorney General of New South Wales (No 2) [2019] FCA 1797 Tommy on behalf of the Yinhawangka Gobawarrah v State of Western Australia (No 2) [2019] FCA 1551