Champion on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia [2020] FCA 1175

Federal Court of Australia

Champion on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia [2020] FCA 1175 File number: WAD 647 of 2017

Judgment of: BROMBERG J

Date of judgment: 14 August 2020

Catchwords: PRACTICE AND PROCEDURE – application for determination of native title – interlocutory application to inspect anthropological reports from another native title proceeding – application opposed by litigants from that other proceeding on the basis that they provided information to anthropologist on the understanding that it would only be used in that proceeding and that the information is confidential – lapsing of restrictions on use of affidavits or reports read in open court in accordance with Federal Court Rules 2011 r 20.03 – balancing exercise between principle of open justice and interest in preserving confidentiality of private or sensitive information – whether access required for legitimate forensic purpose – whether granting access would damage a person's interests – legitimate forensic purpose established – no particulars of confidentiality or potential damage provided – conditional access in respect of those documents which were received as evidence in other proceeding granted.

Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Australian Securities and Investments Commission v Cassimatis (No 4) [2015] FCA 465 Banjima People v Western Australia (No 2) [2013] FCA 868 Booth on behalf of the Gunaikurnai People Claim Group v State of Victoria (No 3) [2020] FCA 1143 Burragubba on behalf of the Wangan and Jagalingou Peoples v State of Queensland (No 2) [2018] FCA 1031 Deputy Commissioner of Taxation v Hawkins [2016] FCA 164 Graham v Colonial Mutual Life Assurance Society Ltd (2013) 216 FCR 458 Graham on behalf of the Ngadju People v State of Western Australia [2012] FCA 1455 Hogan v Hinch (2011) 243 CLR 506 International Litigation Partners Pty Ltd v Commissioner of Taxation [2014] FCA 671 Nicholls on behalf of the Bundjalung People of Byron Bay and Attorney General of New South Wales (No 2) [2019] FCA 1797 Oldham v Capgemini Australia Pty Ltd (2015) 241 FCR 397 Plate Glass Holdings Pty Limited as trustee for the R Gregg Family Trust v Fraser Gordon Investments Pty Limited [2012] FCA 1487 Ranbal (atf The Vikas Rambal Family Trust) v Oswald (atf The Burrup Trust) [2014] WASC 86 Russell v Russell (1976) 134 CLR 495 Van Stokkum v The Finance Brokers Supervisory Board [2002] WASC 192