Federal Court of Australia
Federal Court of Australia
Widjabul Wia-bal v Attorney General of New South Wales (Confidentiality of affidavit material) [2023] FCA 438 File number(s): NSD 1213 of 2018 NSD 1174 of 2013
Judgment of: RARES J
Date of judgment: 28 April 2023
Catchwords: PRACTICE AND PROCEDURE – suppression and non-publication orders – application for suppression of evidence disclosing negotiations for settlement of claim for determination of native title – where no formal ruling on objections under s 131(1) of the Evidence Act 1995 (Cth) made at earlier hearing – where content of evidence sought to be suppressed not previously disclosed publicly – whether necessary to prevent prejudice to the proper administration of justice to suppress publication
Legislation: Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth)
Cases cited: Commonwealth v McCormack (1984) 155 CLR 273 Field v Commissioner for Railways for New South Wales (1957) 99 CLR 285 Rodger v The Comptoir D'Escompte de Paris (1871) LR 3 PC 465 Rush & Tompkins Ltd v Greater London Council [1989] AC 1280 Widjabul Wia-bal v Attorney-General of New South Wales (Section 87 Agreement) [2022] FCA 1521 Widjabul Wia-bal v Attorney-General of New South Wales [2022] FCA 1187
Division: General Division
Registry: New South Wales
National Practice Area: Native Title
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