Wotjobaluk People v State of Victoria [1999] FCA 961

Wotjobaluk People v State of Victoria [1999] FCA 961

The references in Schedules F and M did not make the affidavits and other registration test material part of the application. Schedule M expressly indicated that the material was sensitive and should not be publicly available, and Schedule F was to be read consistently with that intention. As the applicants had not volunteered the material as part of the application, the State of Victoria's application for access on that basis was refused.

Jurisdiction
Australia
Judgment Date
30 June 1999
Procedural Posture
Native Title Application / Interlocutory Applications Concerning Disclosure of Registration Test Material, Contentions Before Mediation, Party Status and Adjournment
Outcome
The State of Victoria's applications for pre-mediation contentions and for access to the registration test affidavit and material were dismissed; several party status applications were rejected; the Ellens' joinder application was granted; directions were made for submissions and the Ralston interest motion; the...
Legal Topics
['registration Test Material' 'disclosure' 'sensitive Material' 'party Status' 'mediation']
['native Title' 'civil Procedure'] ['registration Test Material' 'disclosure' 'sensitive Material' 'party Status' 'mediation']

Case Brief

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Procedural Posture

Native Title Application / Interlocutory Applications Concerning Disclosure of Registration Test Material, Contentions Before Mediation, Party Status and Adjournment

Legal Issues

  1. 1 ['Whether affidavits and other material provided by the applicants to the Registrar of the National Native Title Tribunal for the purposes of the registration test formed part of the application so as to require disclosure to the State of Victoria.' "Whether the State of Victoria's application for orders requiring the applicants to file and serve contentions of fact and law before mediation should be granted." 'Whether various applications for party status should be granted or rejected.']

Ratio Decidendi

The references in Schedules F and M did not make the affidavits and other registration test material part of the application. Schedule M expressly indicated that the material was sensitive and should not be publicly available, and Schedule F was to be read consistently with that intention. As the applicants had not volunteered the material as part of the application, the State of Victoria's application for access on that basis was refused.

Court Disposition

The State of Victoria's applications for pre-mediation contentions and for access to the registration test affidavit and material were dismissed; several party status applications were rejected; the Ellens' joinder application was granted; directions were made for submissions and the Ralston interest motion; the...

Orders

  • ['The application by the State of Victoria for orders that the applicants file and serve contentions of fact and law prior to the commencement of mediation is dismissed.' 'The application by the State of Victoria for access to the affidavit and other material referred to in Schedules F and M of the application is...