Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alvoen on behalf of the Wakaman People #5 v State of Queensland [2020] FCA 630 File number(s): QUD 178 of 2018 QUD 728 of 2017 QUD 746 of 2015 QUD 143 of 2015 QUD 350 of 2017 QUD 351 of 2017
Judge(s): COLLIER J
Date of judgment: 13 May 2020
Catchwords: NATIVE TITLE – application for leave to file additional evidence – where there is dispute as to the scope of further evidence to be filed – whether the evidence is being led to substantiate a native title claim under the Native Title Act 1993 (Cth) – whether prejudice to any party – quality of evidence in native title proceedings – whether evidence had closed – where additional evidence would assist the Court – whether ambiguity in proposed orders – admissibility of evidence concerning decision of representative body – appropriate way forward in respect of statement of agreed facts and issues PRACTICE AND PROCEDURE – standard of evidence acceptable at interlocutory stage – ss 37M and 37N Federal Court of Australia Act 1976 (Cth)
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