Wilkes v State of Western Australia [2002] FCA 1416

Wilkes v State of Western Australia [2002] FCA 1416

Because there was no evidence giving confidence that the applicants would adhere to a timetable if the March 2003 trial date were vacated, and because unresolved governance and other difficulties indicated that they were unable to comply with further pre-trial directions, the Court vacated most of the 7 June 2002 directions but did not vacate the March 2003 hearing for connection and genealogical evidence; the notice of motion was otherwise dismissed.

Jurisdiction
Australia
Judgment Date
05 November 2002
Procedural Posture
Native Title Application / Notice of Motion to Vacate Trial Dates and Amend Directions
Outcome
Notice of motion partly granted; otherwise dismissed.
Legal Topics
['vacating Trial Dates' 'pre Trial Directions' 'representative Body Difficulties' 'connection Evidence' 'genealogical Evidence']
['native Title' 'practice and Procedure'] ['vacating Trial Dates' 'pre Trial Directions' 'representative Body Difficulties' 'connection Evidence' 'genealogical Evidence']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Application / Notice of Motion to Vacate Trial Dates and Amend Directions

Legal Issues

  1. 1 ['Whether the trial hearing dates fixed to commence on 3 March 2003 should be vacated.' 'Whether the dates for filing documents in the orders made on 7 June 2002 should be set aside.' 'Whether the application should be adjourned generally.' 'Whether any useful purpose would be served by imposing further pre-trial directions.']

Ratio Decidendi

Because there was no evidence giving confidence that the applicants would adhere to a timetable if the March 2003 trial date were vacated, and because unresolved governance and other difficulties indicated that they were unable to comply with further pre-trial directions, the Court vacated most of the 7 June 2002 directions but did not vacate the March 2003 hearing for connection and genealogical evidence; the notice of motion was otherwise dismissed.

Court Disposition

Notice of motion partly granted; otherwise dismissed.

Orders

  • ['The orders made on 7 June 2002 be vacated with the exception of orders 14, 15, 18 (as amended to refer to 4 March 2003 rather than to 3 March 2003), 20 and 21 to 25 inclusive.' 'The matter be listed for directions on 14 February 2003.' 'Otherwise, the notice of motion be dismissed.']