The Nyamal Palyku Proceeding (No 6) [2022] FCA 666

The Nyamal Palyku Proceeding (No 6) [2022] FCA 666

The Court declined to exclude the affidavit as a whole for relevance or for alleged non-compliance with Browne v Dunn, and resolved the hearsay objections by excluding only the conceded or upheld parts: paragraphs 6 as to the second and third sentences, paragraph 8 as to the words 'he said he got from Lindsay Hardcase', and paragraphs 11, 13 and 14. The affidavit was otherwise received on the stated bases.

Jurisdiction
Australia
Judgment Date
08 June 2022
Procedural Posture
Native Title Proceeding / Determined on the Papers; Objections to Affidavit Evidence in the Hearing of a Separate Question
Outcome
The description of exhibit 53 was amended and the affidavit was received excluding specified parts.
Legal Topics
['overlapping Native Title Claims' 'separate Question' 'admissibility of Affidavit Evidence' 'relevance' 'browne V Dunn' 'hearsay' 'cultural Objects Returned to Country']
['native Title' 'evidence'] ['overlapping Native Title Claims' 'separate Question' 'admissibility of Affidavit Evidence' 'relevance' 'browne V Dunn' 'hearsay' 'cultural Objects Returned to Country']

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Procedural Posture

Native Title Proceeding / Determined on the Papers; Objections to Affidavit Evidence in the Hearing of a Separate Question

Legal Issues

  1. 1 ["Whether the whole of Mr John Edwards' affidavit should be excluded for lack of relevance" 'Whether there had been a failure to comply with the rule in Browne v Dunn' 'Whether specified parts of the affidavit were inadmissible hearsay' 'Whether evidence in paragraph 9 was admissible under s 73(1)(d) of the Evidence Act 1995 (Cth)']

Ratio Decidendi

The Court declined to exclude the affidavit as a whole for relevance or for alleged non-compliance with Browne v Dunn, and resolved the hearsay objections by excluding only the conceded or upheld parts: paragraphs 6 as to the second and third sentences, paragraph 8 as to the words 'he said he got from Lindsay Hardcase', and paragraphs 11, 13 and 14. The affidavit was otherwise received on the stated bases.

Court Disposition

The description of exhibit 53 was amended and the affidavit was received excluding specified parts.

Orders

  • ["The description of exhibit 53 be amended to read 'Affidavit of Mr John Marquis Edwards dated 7 May 2022 excluding paragraphs 6 (as to second and third sentences), 8 (as to the words 'he said he got from Lindsay Hardcase'), 11, 13 and 14.'"]