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Access to anthropological evidence and documents created in native title litigation


Moss, A, Access to anthropological evidence and documents created in native title litigation, The University of Queensland Law Journal, 42, (1) pp. 1-28. ISSN 0083-4041 (2022) [Refereed Article]

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DOI: doi:10.38127/uqlj.v41i2.6081


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.

Item Details

Item Type:Refereed Article
Keywords:native title, civil procedure, access to documents, hearne v street, access requests, legal professional privilege
Research Division:Law and Legal Studies
Research Group:Legal systems
Research Field:Civil procedure
Objective Division:Expanding Knowledge
Objective Group:Expanding knowledge
Objective Field:Expanding knowledge in law and legal studies
UTAS Author:Moss, A (Mr Aaron Moss)
ID Code:151878
Year Published:2022
Deposited By:Law
Deposited On:2022-08-06
Last Modified:2022-08-09

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