Lake Torrens Overlap Proceedings (No 2) [2015] FCA 1195

Lake Torrens Overlap Proceedings (No 2) [2015] FCA 1195

The Court balanced the Kokatha cultural restrictions and Dr Willis' genuine concerns against the third applicant's interest in its chosen senior counsel. Because Dr Willis' evidence was important to the first applicant, he might not give culturally restricted evidence if the senior counsel were present, the third applicant's claim was made late, and the third applicant could be represented by other senior counsel or its experienced solicitor, Dr Willis' lay evidence should be given separately and under the existing restricted men's evidence orders, and the particular senior counsel for the third applicant should be excluded only from any restricted men's evidence session in the course of...

Jurisdiction
Australia
Judgment Date
09 November 2015
Procedural Posture
Native Title Proceedings Involving Competing Claims Over Lake Torrens / Interlocutory Ruling and Orders During Hearing Concerning Restricted Men's Evidence
Outcome
Orders made imposing directions for Dr Willis' lay and expert evidence and excluding the particular senior counsel for the third applicant from restricted men's evidence sessions during expert evidence if necessary.
Legal Topics
["restricted Men's Evidence" 'cultural and Customary Concerns in Native Title Proceedings' 'confidential Aboriginal Cultural Evidence' 'expert Anthropological Evidence' 'right to Counsel of Choice']
['native Title' 'evidence' 'civil Procedure'] ["restricted Men's Evidence" 'cultural and Customary Concerns in Native Title Proceedings' 'confidential Aboriginal Cultural Evidence' 'expert Anthropological Evidence' 'right to Counsel of Choice']

Case Brief

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Procedural Posture

Native Title Proceedings Involving Competing Claims Over Lake Torrens / Interlocutory Ruling and Orders During Hearing Concerning Restricted Men's Evidence

Legal Issues

  1. 1 ['Whether Dr Willis should give his lay evidence separately from his expert anthropological evidence.' "Whether the particular senior counsel for the third applicant should be excluded from being present when Dr Willis gives restricted men's evidence, including during restricted expert evidence sessions." "How to balance Kokatha cultural and customary concerns against the third applicant's interest in representation by counsel of choice."]

Ratio Decidendi

The Court balanced the Kokatha cultural restrictions and Dr Willis' genuine concerns against the third applicant's interest in its chosen senior counsel. Because Dr Willis' evidence was important to the first applicant, he might not give culturally restricted evidence if the senior counsel were present, the third applicant's claim was made late, and the third applicant could be represented by other senior counsel or its experienced solicitor, Dr Willis' lay evidence should be given separately and under the existing restricted men's evidence orders, and the particular senior counsel for the third applicant should be excluded only from any restricted men's evidence session in the course of...

Court Disposition

Orders made imposing directions for Dr Willis' lay and expert evidence and excluding the particular senior counsel for the third applicant from restricted men's evidence sessions during expert evidence if necessary.

Orders

  • ['Dr Willis should give his "lay" evidence separately from, and prior to, his evidence as an expert witness, and to the extent that such evidence should be restricted men\'s evidence, the giving of that evidence will be in accordance with the orders made on 21 October 2015.' "In the event that, in the course of the...