Federal Court of Australia
Federal Court of Australia
Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 4) [2023] FCA 1083 File number(s): WAD 647 of 2017 WAD 38 of 2022
Judgment of: O'BRYAN J
Date of judgment: 12 September 2023
Catchwords: PRACTICE AND PROCEDURE – application for relief from orders restricting the production and use of evidence filed in earlier native title proceeding – consideration of the interests of justice – application allowed on a limited basis
Legislation: Federal Court Rules 2011 (Cth) Native Title Act 1993 (Cth), ss 190A, 190F
Cases cited: Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited (No 3) [2002] FCA 609 Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 2) [2023] FCA 1060 John Fairfax Publications Pty Ltd v Ryde Local Court (2005) 62 NSWLR 512 Oldham v Capgemini Australia Pty Ltd (2015) 241 FCR 397 Sambo v State of Western Australia (No 2) [2010] FCA 927 Sambo v State of Western Australia [2009] FCA 940 Seven Network Ltd v News Ltd (No 9) (2005) 148 FCR 1 Universal Music Australia Pty Ltd v Sharman License Holdings Ltd; Ex parte Merlin BV (2008) 222 FCR 580
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