Federal Court of Australia
Federal Court of Australia
Davey on behalf of the Gudanji, Yanyuwa and Yanyuwa-Marra Peoples v Northern Territory of Australia (No 4) [2023] FCA 642 File number: NTD 25 of 2020
Judgment of: BANKS-SMITH J
Date of judgment: 14 June 2023
Catchwords: PRACTICE AND PROCEDURE - where applicants seek to rely on affidavit filed out of time - where trial underway and potentially relevant witnesses already cross-examined - significance of proposed evidence - whether delay adequately explained - where prejudice to respondent - respondent's objection upheld
Legislation: Evidence Act 1995 (Cth) s 50 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Capic v Ford Motor Company of Australia Limited (Late Evidence) [2020] FCA 1117 Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 Northern Territory of Australia v Griffiths [2017] FCAFC 106; (2017) 256 FCR 478 Northern Territory v Griffiths [2019] HCA 7; (2019) 269 CLR 1
Division: General Division
Registry: Northern Territory
National Practice Area: Native Title
Number of paragraphs: 43
Date of hearing: 13 June 2023
Counsel for the Applicants: Mr SA Glacken KC with Mr T Keely SC and Ms J Wang
Solicitor for the Applicants: Northern Land Council
Counsel for the Respondent: Mr D O'Leary SC with Mr L Peattie and Mr S Bryson
Solicitor for the Respondent: Hutton McCarthy Lawyers
Counsel for the Intervener: Ms N Kidson KC with Ms C Klease
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