Wilkes v State of Western Australia [2002] FCA 222

Wilkes v State of Western Australia [2002] FCA 222

Because SWAL&SCAC had only recently been joined, the litigation was complex, and the material showed it could file and serve only a preliminary anthropological report by 4 June 2002 and could not do more by then, the trial dates commencing 4 June 2002 were vacated, while that date was retained for preservation evidence, SWAL&SCAC's strike-out motion, any respondent claim for declaratory relief, directions, and any summary disposal application.

Jurisdiction
Australia
Judgment Date
08 March 2002
Procedural Posture
Application for a Determination of Native Title / Application to Vacate Hearing Date and for Directions
Outcome
Application granted; trial hearing dates vacated and directions made.
Legal Topics
['vacation of Trial Hearing Dates' 'case Management Directions' 'representative Body' 'anthropological Report' 'preservation Evidence' 'strike Out Application' 'declaratory Relief' 'summary Disposal']
['native Title' 'civil Procedure'] ['vacation of Trial Hearing Dates' 'case Management Directions' 'representative Body' 'anthropological Report' 'preservation Evidence' 'strike Out Application' 'declaratory Relief' 'summary Disposal']

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Procedural Posture

Application for a Determination of Native Title / Application to Vacate Hearing Date and for Directions

Legal Issues

  1. 1 ['Whether the trial hearing dates fixed to commence on 4 June 2002 should be vacated at the request of SWAL&SCAC.' 'What directions should be made for filing a preliminary anthropological report and for matters to be heard from 4 June 2002.']

Ratio Decidendi

Because SWAL&SCAC had only recently been joined, the litigation was complex, and the material showed it could file and serve only a preliminary anthropological report by 4 June 2002 and could not do more by then, the trial dates commencing 4 June 2002 were vacated, while that date was retained for preservation evidence, SWAL&SCAC's strike-out motion, any respondent claim for declaratory relief, directions, and any summary disposal application.

Court Disposition

Application granted; trial hearing dates vacated and directions made.

Orders

  • ['The trial hearing dates fixed to commence on 4 June 2002 be vacated.' 'SWAL&SCAC be directed to file and serve a preliminary anthropological report by 4 June 2002.' "Fix 4 June 2002 as the date for hearing Mr Bodney's evidence, and any other further evidence to be called by any other party which is appropriate to...