Songlines

Given the history of the Australian government in relation to the treatment of Australia’s First People’s, and given the imbalance on power between the parties in the Muckaty Federal Court challenge to the nomination of land at Muckaty for a national radioactive waste facility, public scrutiny of the court proceedings is a vital ingredient.

These days a lot of legal arguments are presented in written form and handed up to the Judge. Some of these documents can be obtained for a reasonable cost from the Court – some are not available.

However, if you want to follow proceedings a little more closely, things become difficult and expensive.

There is no public transcript of proceedings available. I got a quote from the private company which has a monopoly on Court transcripts for one day of this case. It came to just under $1,000. (This did not include the film rights!)

Estimate of costs -Transcript
Prepared for: Robert Bruce Reyburn Date: 30-Apr-12
Songlines Movement Estimate ID: VID433/2010_20120328
Jurisdiction: Federal Court of Australia

Email: reyburn@songlines.org.au
Estimate valid until: 10-May-12

Matter number: VID433/2010
Matter title: Mark Lane Jangala v Commonwealth of Australia & Anor
Hearing start date: 28-Mar-12
Number of days: 1
Presiding Judge: J North
Location: Victoria
Transcript type: Full Trasncript
Total Folios 222 Folios
Unit of Charge Rate Per Folio

DATE(S) ESTIMATED FOLIOS TURNAROUND Rate Per Folio SUB TOTAL (Ex GST)
28-Mar-12 222
-
3 Day $4.06

Estimate Sub-total (Ex GST) $901.32

Estimate GST (10%) $90.13

Estimate Total (Incl GST) $991.45

Realising that I have perfectly good ears and that I could simply listen to the audio recording of the day (that is, I did not need a written transcript) I requested a quote for a copy of the audio. Shock, horror – not possible I was told.

The Registrar of the Court advised me that the proceedings are open to the public and I could attend that way. As the proceedings are in Melbourne and I live in Wollongong NSW this would require me to pay for travel, accommodation and meals. We are not all on fat travel and accommodation expenses.

The move to Open Government must include some means by which members of the public can follow important court cases via the Internet and without having to be presented with such large financial barriers.

Can’t see that happening between now and June when the Muckaty case returns to the Federal Court.

We need some ears in the court room, to provide a twitter account and a written report of the key aspects of the proceedings.

Radioactive dump – with 10 days’ notice, court told
Maris Beck
The Age
March 28, 2012 – 8:51AM

A nuclear waste dump on Aboriginal land should go ahead even if the land’s traditional owners have been incorrectly identified to government, the Commonwealth has told the Federal Court.

If it was found that a land council gave the federal government incorrect information about the traditional owners of Muckaty Station, 120 kilometres north of Tennant Creek, it would not invalidate the government’s 2007 approval for a dump there, Commonwealth lawyer Dr Stephen Donaghue SC said in Melbourne yesterday.

He said the government’s new radioactive waste law requires only that a land council present evidence of who the traditional owners are — not that the evidence be true.
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A group of elders, including Ngapa elders Mark Lane Jangala, claim that they are among the traditional owners of the station. The Northern Land Council had excluded the group, identifying the family of Amy Lauder (who has since died) as owners instead. Counsel for the groups, Ron Merkel QC, told Justice Tony North that the land council was a commercial body, that Ms Lauder was a member of the council, and that his clients’ exclusion had involved ‘‘misleading and deceptive’’ conduct. Misconduct was denied by the council, represented by Sturt Glacken SC.

Mr Merkel sought a full trial of the case and accused the Commonwealth of delaying proceedings.

‘‘People are elderly and dying and already the most important person in the case has died,’’ he said.

Mr Merkel said the government would only need to give 10 days notice to declare the site a dump and there was ‘‘only a shortlist of one’’ possible site: Muckaty Station.

The radioactive waste law, which passed Senate this month, has been opposed by environmental and indigenous groups who say the powers it grants to Resources Minister Martin Ferguson are too broad.

…

Read more: http://www.theage.com.au/environment/radioactive-dump–with-10-days-notice-court-told-20120328-1vxdz.html#ixzz1qMJEk2e1