Bullen v State of Western Australia [2002] FCA 1107

Bullen v State of Western Australia [2002] FCA 1107

Orders were made to provide a simplified and practical process for taking preservation evidence before the substantive hearing, prioritising the objective of preserving testimony that might be lost with further delay.

Parties
First Applicant: Malcolm John Bullen & Another; Second Applicant: Patricia Morich & Others; Third Applicant: Arthur Dimer & Others; Fourth Applicant: Cedric Anderson & Others; Respondent: State of Western Australia
Jurisdiction
Australia
Judgment Date
06 September 2002
Procedural Posture
Preservation of Evidence in Native Title Proceeding / Pre Trial Directions/interlocutory Order
Outcome
Orders made for the preservation of evidence prior to trial.
Legal Topics
Preservation of Evidence, Case Management, Directions Hearings
Native Title Civil Procedure Preservation of Evidence Case Management Directions Hearings

Case Brief

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Parties

Malcolm John Bullen & Another

First Applicant

Patricia Morich & Others

Second Applicant

Arthur Dimer & Others

Third Applicant

Cedric Anderson & Others

Fourth Applicant

State of Western Australia

Respondent

Procedural Posture

Preservation of Evidence in Native Title Proceeding / Pre Trial Directions/interlocutory Order

Legal Issues

  1. 1 What procedural orders should be made regarding the preservation of evidence prior to the substantive hearing?

Ratio Decidendi

Orders were made to provide a simplified and practical process for taking preservation evidence before the substantive hearing, prioritising the objective of preserving testimony that might be lost with further delay.

Court Disposition

Orders made for the preservation of evidence prior to trial.

Orders

  • Preservation evidence to be taken in the Esperance region during a two week period commencing 31 March 2003 at a location nominated by the Court.
  • Applicants intending to lead preservation evidence to notify all other parties by 8 November 2002 of details concerning witnesses, attendance restrictions, programme, travel, videos, and cultural/customary concerns.