Sampi v State of Western Australia (No. 3) [2001] FCA 695

Sampi v State of Western Australia (No. 3) [2001] FCA 695

Due to substantial change in circumstances regarding timing and taking of restricted evidence, and recent disclosure of confidential notes to male legal representatives, the operation of order 2(b) is suspended until further order, reserving all costs.

Jurisdiction
Australia
Judgment Date
30 May 2001
Procedural Posture
Native Title / Interlocutory Application to Vary Confidentiality Order
Outcome
Interlocutory application granted: operation of sub-par (b) of Order 2 suspended until further order; liberty to apply; costs reserved.
Legal Topics
['gender Restricted Evidence' 'interlocutory Orders' 'confidentiality of Evidence']
['native Title' 'evidence'] ['gender Restricted Evidence' 'interlocutory Orders' 'confidentiality of Evidence']

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Procedural Posture

Native Title / Interlocutory Application to Vary Confidentiality Order

Legal Issues

  1. 1 ['Whether order protecting gender restricted evidence should be varied to suspend disclosure to male expert anthropologists not present at hearing']

Ratio Decidendi

Due to substantial change in circumstances regarding timing and taking of restricted evidence, and recent disclosure of confidential notes to male legal representatives, the operation of order 2(b) is suspended until further order, reserving all costs.

Court Disposition

Interlocutory application granted: operation of sub-par (b) of Order 2 suspended until further order; liberty to apply; costs reserved.

Orders

  • ['Suspend operation of sub-par (b) of Order 2 made on 17 May 2001.' 'Liberty to apply.' 'Costs reserved.']