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.

 

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