Dieri People v State of South Australia [2000] FCA 1327

Dieri People v State of South Australia [2000] FCA 1327

The applicants had not complied with the orders as to particulars and further information in several specified respects, as general reference to affidavits or claims of confidentiality are not sufficient; further or better compliance is required to ensure parties and the court are fairly informed of the claim's nature and scope.

Parties
Applicants: THE DIERI PEOPLE, ANGUS WARREN, LINDA WARREN, GRAHAM WARREN, RAELENE WARREN, GREGORY GRAHAM WARREN, PERCY TUCKER, RAYMOND WILLIAM BOLAND; First Respondent: THE STATE OF SOUTH AUSTRALIA; Respondents (producers): Alliance Petroleum Australia Pty Ltd, Basin Oil Pty Ltd, Origin Energy Resources Ltd, Bridge Oil Developments Pty Ltd, Delhi Petroleum Pty Ltd, Novis Australia Resources NL, Oil Company of Australia Ltd, Reef Oil Pty Ltd, Santos Ltd, Santos Australian Hydrocarbons Pty Ltd, Santos (BOL) Pty Ltd, Santos Petroleum Pty Ltd, Vamgas Pty Ltd; Respondents: Pastoralists (represented group); Respondents: Kujani claimants; Respondent: Aboriginal Legal Rights Movement Inc
Jurisdiction
Australia
Judgment Date
15 September 2000
Procedural Posture
Native Title Claim / Interlocutory Application Regarding Compliance With Orders for Particulars and Further Information
Outcome
Application by the State and the Producers for further particulars largely allowed; applicants directed to provide further particulars in specified respects.
Legal Topics
Particulars of Claim, Pleadings, Confidentiality, Compliance With Court Orders
Native Title Civil Procedure Particulars of Claim Pleadings Confidentiality Compliance With Court Orders

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Parties

THE DIERI PEOPLE, ANGUS WARREN, LINDA WARREN, GRAHAM WARREN, RAELENE WARREN, GREGORY GRAHAM WARREN, PERCY TUCKER, RAYMOND WILLIAM BOLAND

Applicants

THE STATE OF SOUTH AUSTRALIA

First Respondent

Alliance Petroleum Australia Pty Ltd, Basin Oil Pty Ltd, Origin Energy Resources Ltd, Bridge Oil Developments Pty Ltd, Delhi Petroleum Pty Ltd, Novis Australia Resources NL, Oil Company of Australia Ltd, Reef Oil Pty Ltd, Santos Ltd, Santos Australian Hydrocarbons Pty Ltd, Santos (BOL) Pty Ltd, Santos Petroleum Pty Ltd, Vamgas Pty Ltd

Respondents (producers)

Pastoralists (represented group)

Respondents

Kujani claimants

Respondents

Aboriginal Legal Rights Movement Inc

Respondent

Procedural Posture

Native Title Claim / Interlocutory Application Regarding Compliance With Orders for Particulars and Further Information

Legal Issues

  1. 1 Whether the applicants have complied with previous court orders requiring provision of particulars and information as to their native title claim under the Native Title Act 1993 (Cth)
  2. 2 Whether claims of confidentiality or reference to evidence excuse obligation to comply with the orders
  3. 3 Extent to which the Federal Court Rules as to pleadings apply to native title proceedings

Ratio Decidendi

The applicants had not complied with the orders as to particulars and further information in several specified respects, as general reference to affidavits or claims of confidentiality are not sufficient; further or better compliance is required to ensure parties and the court are fairly informed of the claim's nature and scope.

Court Disposition

Application by the State and the Producers for further particulars largely allowed; applicants directed to provide further particulars in specified respects.

Orders

  • Applicants to further comply with earlier orders as specified regarding identification of excluded areas, description of the applicant group, personal details, traditional laws and customs, rights and interests in resources, and further directions to be drawn up.
  • The State to draw up an order reflecting these reasons and rulings regarding the State's request.