Access to anthropological materials in #Muckaty #wasteontrial case – Ye olde bum’s rush

From: Bruce Reyburn
Date: Wednesday, 28 August 2013
Subject: Could you let me know in writing decision re access to restricted doc in VID433/2010
To: “e…@fedcourt.gov.au”

Hi E…

Thanks for phone call the other day regarding the decision to allow access to the restricted anthropological report in Mark Lane Jangala and others v CoA and others.

I understand that I will be allowed access after the report has been formally lodged in the proceedings, now set down of June 2014. Please advise if my understanding is incorrect.

For the sake of clarity, could you provide me with a brief email detailing the decision, as I may have to wait until next year, and a written record of the decision to allow access could be handy when seeking to see the report.

Thanks

Bruce

Dear Mr Reyburn,

Justice North’s decision in this matter was as follows:

The anthropological expert report/s filed on 14 August 2013 may be searched by Robert Bruce Reyburn, but not until they have been read in open Court.

Regards,

E…

Federal Court of Australia | Victoria Registry

305 William St Melbourne VIC

From: Bruce Reyburn
Date: Tuesday, 3 June 2014
Subject: Could you let me know in writing decision re access to restricted doc in VID433/2010
To: E

Dear E…

This case, Vid433/2010 is now underway before Justice North.

Is it now possible for me to obtain a copy of the anthropological report(s) filed on 14 August 2013 in keeping with His Honour’s earlier decision (see above)?

Please advise.

regards

Bruce

Dear Mr Reyburn,

The matter is still in the opening submission stage, and no evidence has yet been tendered. The reports are unlikely to be searchable until much later in the hearing process, if at all before the matter has been fully heard.

Regards,

E…

Thanks E…

That is not how i understand Justice North’s decision.

“The anthropological expert report/s filed on 14 August 2013 may be searched by Robert Bruce Reyburn, but not until they have been read in open Court.”

Is there some means by which i can obtain specific clarification from the Victorian Federal Court about what “not until they have been read in open court” means (in standard English)?

thanks

Bruce

Dear Mr Reyburn,

The answer is that once the reports have been tendered as exhibits, and the evidence in regards to the reports has been given they have been considered to be ‘read in open court’. As stated in my previous email, the matter has not proceeded to that point as yet.

The process of those reports being read out in Court must be complete – and the Judge not require them for the purposes of hearing the matter – before you will be able to search the documents.

Both I and Justice North’s Chambers are aware of your request, and you will be contacted once the documents are available for you to search.

Regards,

E…

Thanks E…

I appreciate the crisp clarification.

I will be travelling to Tennant Creek next week to listen to the evident of Warlmanpa people – to the extent it is open to the public.

Looking forward to comparing these two two parts of this matter when due process allows.

Cheers

Bruce

From: Bruce Reyburn
Date: Thursday, 19 June 2014
Subject: Could you let me know in writing decision re access to restricted doc in VID433/2010
To: E

Hi E…

I understand from the media this case will be concluded formally tomorrow.

My request to read the Anthropological report(s) of the applicants (as previously discussed) remains.

I take it His Honour J North no longer requires them for the purposes of hearing this matter.

Please advise as to what i need to do next.

thanks

Bruce

Dear Mr Reyburn,

I have asked the Judge’s staff to let me know when they will be available. I will contact you when I have that information.

The usual process is that you would be required to attend to inspect (there is a $43 fee payable for the production of any part of the file). If you have been allowed to inspect and copy, you make the copies in our office and pay the production fee, plus $1 per copy made of the documents.

Regards,

E….

thanks E…

As i live in Wollongong, NSW, can i inspect the materials in the Federal Court in Sydney?

Please advise.

thanks

Bruce

From: E…
Date: Wednesday, 25 June 2014
Subject: Could you let me know in writing decision re access to restricted doc in VID433/2010
To: Bruce Reyburn

Dear Mr Reyburn,

I have spoken further with the Chambers of Justice North regarding the release of the documents you requested.

The matter was settled before these documents were read out in open Court, therefore the conditions set for the release of these documents to you by the Court have not been met.

It has been suggested that you contact the parties to the proceeding to request access to the documents if you wish to take your enquiries further.

Regards,

E….