Federal Court of Australia
Federal Court of Australia
Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 3) [2023] FCA 1073 File number(s): WAD 647 of 2017
Judgment of: O'BRYAN J
Date of judgment: 11 September 2023
Catchwords: PRACTICE AND PROCEDURE – application by a respondent to a native title determination application to vacate trial dates for the hearing of expert evidence – where respondent has recently received funding and wishes to engage an anthropologist to prepare an expert report for the hearing – considerations of the interests of justice – application refused
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Native Title Act 1993 (Cth), s 203FE
Cases cited: Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia [2023] FCA 930 Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 2) [2023] FCA 1060 Tommy on behalf of Yinhawangka Gobawarrah v State of Western Australia [2018] FCA 1671
Division: General Division
Registry: Victoria
National Practice Area: Native Title
Number of paragraphs: 42
Date of last submission/s: 7 September 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: A McAvoy SC with M Pudovskis
Solicitor for the Applicant: Blackshield Lawyers
Counsel for the First Respondent: C Taggart
Solicitor for the First Respondent: State Solicitor's Office
Counsel for Elizabeth Sambo: A McLean
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