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Access to anthropological evidence and documents created in native title litigation
Documents are critical in native title litigation. This article explores the different methods of, and common problems encountered when, accessing such documents. By examining recent decisions dealing with the ‘Hearne v Street obligation’, non-party access requests, and legal professional privilege, this paper explores how the Court has grappled with the translation of general principles of practice to the unique context of native title litigation. It observes the Court has refused to create special native title rules, but rather has pragmatically applied general principles to native title matters on a case-by-case basis. Accordingly, close attention to these judicial developments is necessary, lest the interests of one’s clients, or of First Nations persons, be adversely affected by inappropriate document disclosure.
History
Publication title
The University of Queensland Law JournalVolume
42Pagination
1-28ISSN
0083-4041Department/School
Faculty of LawPublisher
University of Queensland PressPlace of publication
AustraliaRepository Status
- Restricted