Latest (April 2014) Fed Court Orders in Muckaty radioactive case.

Check Federal Court for authoritative version as some details and formatting may be lost in copying – Songlines.

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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 another named in the schedule
Respondent

ORDER

JUDGE: Justice North
DATE OF ORDER: 7 April 2014
WHERE MADE: Melbourne

THE COURT ORDERS THAT:

Outlines of evidence

1. Commencing on 9 April and no later than 14 April 2014, the applicants file and serve:

(a)​ an outline of evidence of each witness they propose to call which gives the respondents notice of the substance of the proposed evidence of that witness;

(b)​ a copy of each photograph or other document (appropriately captioned or described) which they propose to tender or refer to in the evidence of that witness and which has not been discovered in these proceedings.

2. On or before 12 May 2014, each respondent file and serve:

(a) ​an outline of evidence of each witness it proposes to call which gives the applicants notice of the substance of the proposed evidence of that witness;

(b)​ a copy of each photograph or other document (appropriately captioned or described) which it proposes to tender or refer to in the evidence of that witness and which has not been discovered in these proceedings.

3. In respect of all witnesses from whom an outline of evidence is filed and served pursuant to Order 1 or Order 2, subject to agreement between the parties or further order, their evidence at trial be given orally.

Trial

4. Subject to the Court being able to make appropriate arrangements, the matter be listed for hearing on the following timetable:

2 – 6 June 2014​ opening submissions in Melbourne

9 – 13 June 2014​ witness evidence Tennant Creek

16 – 17 June 2014​ witness evidence Tennant Creek

19 – 20 June 2014​ witness evidence Darwin

23 – 27 June 2014​ witness evidence Darwin

30 June – 4 July 2014​ witness evidence Darwin

Documentary evidence

5. On or before 21 April 2014, the applicants serve a draft index of the documents or parts of documents that it intends to rely upon.

6. On or before 12 May 2014, the respondents serve the draft index referred to in Order 5 marked up to include reference to any additional documents or parts of documents that any of them intends to rely upon.

7. On or before 26 May 2014, the applicants file and serve an index that includes reference to all of the documents referred to in compliance with Orders 5 and 6 and in relation to each document identifies the party or parties seeking to rely upon it, together with a set of the evidence referred to in the index (Tender Bundle).

8. Subject to any objections made pursuant to Order 9 and subject to any submissions of the parties as to the weight to be attached to those documents or parts of documents, the documents in the Tender Bundle be received as evidence.

9. On or before 26 May 2014, any party who seeks to object to the receipt of any evidence contained in the Tender Bundle file and serve notice of objection identifying each part of the Tender Bundle to which it objects and stating briefly the grounds of each such objection.

Interlocutory Application

10. The interlocutory application filed by the first and third respondents on 2 December 2014 be adjourned to 2 June 2014.

Date that entry is stamped: 10 April 2014

(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