Aboriginal land claims: preparing for the third directions hearing
The applicant needs to comply with the directions made at the second directions hearing including preparing, filing and serving the applicant’s statement of facts and contentions and affidavit and documentary evidence.
The parties needs to consider the following, in light of the statement of facts and contentions and affidavit and documentary evidence.
WHO | STEP | DESCRIPTION |
| BOTH PARTIES | DISCUSS AND AGREE ON REAL ISSUES | The applicant and the Minister are to discuss and endeavour to agree on a list of the real issues for determination in the proceedings. |
| BOTH PARTIES | DISCUSS AND AGREE ON STATEMENT OF AGREED FACTS | The applicant and the Minister are to discuss and endeavour to agree a statement of agreed facts, such statement to comprise the factual matters that are bona fide not in dispute between the parties. |
| BOTH PARTIES | DISCUSS AND AGREE ON LIST OF EXPERT EVIDENCE | The applicant and the Minister are to discuss and endeavour to agree on, if applicable, a list of the expert evidence to be relied upon at the hearing. |
| BOTH PARTIES | DISCUSS AND AGREE ON JOINT REPORTS | The applicant and the Minister are to discuss and endeavour to agree on the conferral by and production of any joint experts’ report. |
| BOTH PARTIES | DISCUSS AND AGREE ON ESTIMATE OF HEARING TIME | The applicant and the Minister are to discuss and endeavour to agree on a realistic estimate of the hearing time broken down by opening addresses; tender of documents, written evidence and any objections; cross-examination and closing submissions |
| BOTH PARTIES | DISCUSS AND AGREE ON DIRECTIONS | The applicant and the Minister are to discuss and endeavour to agree on whether any witnesses are to be required for cross-examination |
| BOTH PARTIES | DISCUSS AND AGREE ON WITNESSES FOR CROSS EXAMINATION | The applicant and the Minister are to discuss and endeavour to agree on the directions to be made at the third directions hearing. |
CROWN LANDS MINISTER | CONSIDER EVIDENCE IN REPLY | The Minister is to consider whether any evidence in reply is required. |