Bullen v State of Western Australia [2002] FCA 992

Bullen v State of Western Australia [2002] FCA 992

Although the evidence of resource difficulties was general, the combined effect of the Goldfields Land and Sea Council's resource constraints, the desirability of meaningful Native Title Tribunal mediation, and unresolved representation issues for the fourth applicants was sufficient to warrant vacating the February and March 2003 hearing dates. However, the Court was not prepared without further consideration to accept radical revisions to the timetable because preparation for trial and mediation were not necessarily inconsistent, and preparation was important to identify the claims and preserve evidence.

Jurisdiction
Australia
Judgment Date
08 August 2002
Procedural Posture
Native Title Proceedings / Ruling on Application to Vacate Hearing Dates and Alter Timetable for Preparation
Outcome
Hearing dates vacated; other proposed timetable revisions left for further consideration.
Legal Topics
['vacation of Hearing Dates' 'case Management Directions' 'mediation' 'native Title Tribunal Mediation' 'representation and Litigation Resources']
['native Title' 'civil Procedure'] ['vacation of Hearing Dates' 'case Management Directions' 'mediation' 'native Title Tribunal Mediation' 'representation and Litigation Resources']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Proceedings / Ruling on Application to Vacate Hearing Dates and Alter Timetable for Preparation

Legal Issues

  1. 1 ["Whether hearing dates fixed for February and March 2003 should be vacated because of applicants' resource constraints, mediation prospects and representation issues." 'Whether the existing preparation timetable should be radically revised or whether preparation for trial should continue alongside mediation.']

Ratio Decidendi

Although the evidence of resource difficulties was general, the combined effect of the Goldfields Land and Sea Council's resource constraints, the desirability of meaningful Native Title Tribunal mediation, and unresolved representation issues for the fourth applicants was sufficient to warrant vacating the February and March 2003 hearing dates. However, the Court was not prepared without further consideration to accept radical revisions to the timetable because preparation for trial and mediation were not necessarily inconsistent, and preparation was important to identify the claims and preserve evidence.

Court Disposition

Hearing dates vacated; other proposed timetable revisions left for further consideration.

Orders

  • ['The dates fixed for the hearing of the matters in February and March 2003 were vacated on 24 July 2002.' 'Other alterations to the existing directions were left for later debate.']