Booth on behalf the Gunaikurnai People Claim Group v State of Victoria [2022] FCA 1395

FEDERAL COURT OF AUSTRALIA

Booth on behalf the Gunaikurnai People Claim Group v State of Victoria [2022] FCA 1395 File numbers: VID 363 of 2020 VID 737 of 2014

Judgment of: MURPHY J

Date of judgment: 23 November 2022

Catchwords: PRACTICE AND PROCEDURE – application for variation of suppression orders – application for release from Harman undertaking – where materials and information produced in Court-ordered experts' conferences and joint experts' reports arising from the conferences in a now discontinued proceeding are subject to suppression and non-publication orders – where the suppressed material is likely to be relevant in a subsequent proceeding which involves many of the same parties as the proceeding in which the suppression orders were made– where some of the parties, their legal representatives and expert witnesses in the subsequent proceeding are privy to the suppressed materials and others are not – consideration of procedural fairness and the interests of justice – applications allowed.

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

Cases cited: Banjima People v State of 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 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hogan v Australian Crime Commission [2010] HCA 21; 240 CLR 641 Holpitt Pty Ltd v Varimu Pty Limited (1991) 29 FCR 576 Jango v Northern Territory of Australia [2003] FCA 1230 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3; 218 ALR 283 Mullett on behalf of the Gunai/Kurnai People v State of Victoria [2010] FCA 1144