Gallagher on behalf of the Wanggil Native Title Claim Group v State of Western Australia [2022] FCA 286

Federal Court of Australia

Gallagher on behalf of the Wanggil Native Title Claim Group v State of Western Australia [2022] FCA 286 File number(s): WAD 274 of 2019

Judgment of: MORTIMER J

Date of judgment: 28 March 2022

Catchwords: PRACTICE AND PROCEDURE – application to set aside subpoena – where subpoena issued to representative body in the context of a claimant application over land forming part of larger area likely to be subject to a larger claim – numerous objections to subpoena – objections overruled and application to set aside subpoena refused NATIVE TITLE – subpoena over material created to prove connection to land or waters – where material accepted to be in the control of a prescribed body corporate as successor to native title applicant – where subpoena issued to representative body rather than prescribed body corporate – where evidence indicates that the prescribed body corporate does not resist production of the material

Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Native Title Act 1993 (Cth), s 94L

Cases cited: Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1955) 72 WN (NSW) 250 Cheinmora v State of Western Australia (No 3) [2013] FCA 769 Neowarra v State of Western Australia [2004] FCA 1092 Rinehart v Rinehart [2018] NSWSC 1102 Tommy on behalf of the Yinhawangka Gobawarrah People v State of Western Australia (No 2) [2019] FCA 1551 Ward v State of Western Australia [2006] FCA 1848