Jango v Northern Territory of Australia [2003] FCA 1230

Jango v Northern Territory of Australia [2003] FCA 1230

The Court found sufficient evidence that cultural and customary concerns require restricting access to gender restricted evidence and that, with the ameliorating protocol and limited volume of restricted evidence, prejudice to the Commonwealth is not undue. Orders will be made restricting access and dissemination of male and female gender restricted evidence.

Jurisdiction
Australia
Judgment Date
31 October 2003
Procedural Posture
Application for Determination of Compensation Under Native Title Act / Interlocutory Motion Regarding Evidence Procedure
Outcome
Application for gender restricted evidence regime granted in relation to evidence scheduled for 3–5 November 2003.
Legal Topics
['gender Restricted Evidence' 'cultural and Customary Concerns' 'court Procedure in Native Title Claims']
['native Title' 'evidence Law'] ['gender Restricted Evidence' 'cultural and Customary Concerns' 'court Procedure in Native Title Claims']

Case Brief

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Procedural Posture

Application for Determination of Compensation Under Native Title Act / Interlocutory Motion Regarding Evidence Procedure

Legal Issues

  1. 1 ['Whether orders for gender restricted evidence should be made' 'Whether orders restricting dissemination of evidence unduly prejudice other parties' 'Whether Court should take account of cultural and customary concerns per s 82(2) of Native Title Act']

Ratio Decidendi

The Court found sufficient evidence that cultural and customary concerns require restricting access to gender restricted evidence and that, with the ameliorating protocol and limited volume of restricted evidence, prejudice to the Commonwealth is not undue. Orders will be made restricting access and dissemination of male and female gender restricted evidence.

Court Disposition

Application for gender restricted evidence regime granted in relation to evidence scheduled for 3–5 November 2003.

Orders

  • ['Orders defining and applying male and female gender restricted evidence procedures to evidence at designated hearings.' 'Restrictions on presence and access to oral and written gender restricted evidence to specified persons by gender.' 'Gender restricted evidence must be recorded and transcribed only by persons...