Federal Court of Australia
Federal Court of Australia
Briggs on behalf of the Boonwurrung People v State of Victoria [2024] FCA 288 File number: VID 363 of 2020
Judgment of: MURPHY J
Date of judgment: 25 March 2024
Catchwords: NATIVE TITLE – practice and procedure – application to adduce additional expert evidence and to thereby re-open the case after judgment is reserved – whether it is in the interests of justice to grant leave for the additional expert evidence to be filed – application refused
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Native Title Act 1993 (Cth) s 85A
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Australian Securities and Investments Commission v Rich [2006] NSWSC 826; (2006) 235 ALR 587 Cheedy on behalf of the Yindjibarndi People v State of Western Australia (No 2) [2011] FCAFC 163; 199 FCR 23 Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd [2017] FCAFC 75; 251 FCR 404 Daniel v Western Australia (2004) 138 FCR 254 Davis v Insolvency and Trustee Service Australia (No 2) [2011] FCAFC 9; 190 FCR 437 Hamilton v The Queen (2021) 274 CLR 531 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 Kedem v Johnson Lawyers Legal Practice Pty Ltd [2014] FCAFC 3 McCarthy v McIntyre [2000] FCA 1250 Milirrpum v Nabalco Ply Ltd (1971) 17 FLR 141 Northern Health v Kuipers [2015] VSCA 172 Re Australasian Meat Industry Employees' Union (WA Branch); Ex parte Ferguson (1986) 67 ALR 491 Ruddock v Vardarlis (No 2) [2001] FCA 1865; 115 FCR 239 Smirke on behalf of the Jurruru People v State of Western Australia (No 2) [2020] FCA 1728 Smith v New South Wales Bar Association (1992) 176 CLR 256 Spotlight Pty Ltd v NCON Australia Ltd (2012) 46 VR 1 Telstra Corporation Ltd v Australian Competition and Consumer Commission [2008] FCA 1436; (2008) 171 FCR 174 The Silver Fox Company Pty Ltd as Trustee for the Baker Family Trust (ACN 083 629 225) v Lenard's Pty Ltd (No.2) [2004] FCA 1310 Urban Transport Authority (NSW) v Nweiser (1992) 28 NSWLR 471
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