Sampi v State of Western Australia [2001] FCA 619

Sampi v State of Western Australia [2001] FCA 619

The Court accepted, consistent with Western Australia v Ward, that gender-restricted evidence may be protected by restricting disclosure and presence according to Bardi and Jawi Law, provided procedural fairness is maintained through agreed expert summaries of relevant effects and notification of expert identities, reserving liberty to apply for further directions.

Jurisdiction
Australia
Judgment Date
30 April 2001
Procedural Posture
Native Title / Interlocutory Application Regarding Gender Restricted Evidence
Outcome
Application granted in principle, with orders for gender-restricted proceedings and deferred matters.
Legal Topics
['gender Restricted Evidence' 'procedural Fairness' 'open Justice' 'confidentiality in Court Proceedings']
['native Title' 'evidence'] ['gender Restricted Evidence' 'procedural Fairness' 'open Justice' 'confidentiality in Court Proceedings']

Case Brief

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Procedural Posture

Native Title / Interlocutory Application Regarding Gender Restricted Evidence

Legal Issues

  1. 1 ['Whether the Court should restrict the publication and taking of certain gender-restricted evidence' 'The dimensions and proportionality of protection for confidential native title evidence']

Ratio Decidendi

The Court accepted, consistent with Western Australia v Ward, that gender-restricted evidence may be protected by restricting disclosure and presence according to Bardi and Jawi Law, provided procedural fairness is maintained through agreed expert summaries of relevant effects and notification of expert identities, reserving liberty to apply for further directions.

Court Disposition

Application granted in principle, with orders for gender-restricted proceedings and deferred matters.

Orders

  • ["Only specified males (Judge, Court staff, applicants, witness, counsel, transcript recorder, expert witnesses) may be present when gender-restricted evidence is given, subject to written notification of expert identities and a statement of agreed relevant effects by the parties' expert witnesses without disclosing...