Latest Federal Court Orders Muckaty case

Order Entered
Order Entered

No: (P)VID433/2010
Federal Court of Australia
District Registry: Victoria
Division: General

MARK LANE JANGALA and others named in the schedule
Applicant

COMMONWEALTH OF AUSTRALIA and others named in the schedule
Respondent

ORDER

JUDGE:

Justice North
DATE OF ORDER:

9 April 2013
WHERE MADE:

Melbourne

THE COURT ORDERS THAT:

1. The respondents complete discovery by 17 May 2013.

2. The time by which the Applicants are required to file and serve the report of any expert who is to give evidence at the trial as required by the orders dated 23 November 2012 be extended to 12 July 2013.

3. By 26 July 2013, the Applicants file and serve further particulars under paragraphs 18(a) – (b), (d), (h) – (i), (k) – (m) and 23(a) – (h) of the Further Amended Statement of Claim dated 23 April 2012 of the Applicants’ contentions as to the persons or groups said to be:

(a) the traditional Aboriginal owners of:
(i) the nominated land;
(ii) the relevant section of the access road;
(iii) the K site;

(b) the Aboriginal persons holding an interest in:
(i) the nominated land;
(ii) the relevant section of the access road;
(iii) the K site,

referred to in each of those paragraphs of the Further Amended Statement of Claim.

4. The examination of the following people on oath or affirmation take place before a Judge, or before such person appointed by the Court as examiner:

(a) Mark Brown;
(b) Bunny Nabarula;
(c) May Foster;
(d) William Graham;
(e) Ronald Brown;
(f) Dick Foster;
(g) Lorna Fejo.

5. The applicants file and serve:

(a) an outline of evidence of each witness which gives the respondents notice of the substance of the evidence that each witness will give;

(b) a copy of each photograph or other document (appropriately captioned or described) which the applicant proposes to tender or refer to in the evidence of each witness,

no later than six weeks prior to the date on which the examination is to commence.

6. The examination be set down for a 5 day period commencing on 23 September 2013.

7. A case management conference be conducted by a Registrar of the Court by 17 May 2013 to determine whether the parties may agree on the venue for the examination and other logistical issues.

8. The directions hearing listed for 17 June 2013 be vacated.

9. The matter be listed for further directions on 15 July 2013.

10. Costs reserved.

Date that entry is stamped: 11 April 2013

(for) Deputy District Registrar

Schedule
No: (P)VID433/2010
Federal Court of Australia
District Registry: Victoria
Division: General

Second Applicant: LORNA FEJO NANGALA
Third Applicant: DICK FOSTER
Fourth Applicant: RONALD BROWN

Second Respondent: NORTHERN LAND COUNCIL
Third Respondent: THE MINISTER FOR RESOURCES AND ENERGY
Fourth Respondent: MUCKATY ABORIGINAL LAND TRUST

Note by Songlines – some formatting and typeface details changed by copying process. Check Federal Court website for authoritative version

https://www.comcourts.gov.au/file/Federal/P/VID433/2010/3589351/event/27259671/document/330126