http://www.austlii.edu.au/au/cases/nsw/NSWCA/2010/237.html

EVIDENCE – Privilege against self-incrimination – compellability of witnesses – Certificate under s 128 of the Evidence Act 1995 – Whether certificate available to a party giving evidence in chief.

Evidence Act 1995 ss 12, 128

[2008] FCA 1929

NATIVE TITLE – non-claimant application under Native Title Act 1993 (Cth) seeking determination that no native title exists over land – previous claimant applications for determination that native title exists struck out for not meeting requirements of Act – previous claimant joined as third respondent under s 84(5) of the Act – third respondent opposes non-claimant application – role of Minister in proceedings – Minister has not abandoned right to participate – Minister not required to establish interest to remain a party – burden of proof – evidentiary burden – requirement to prove negative proposition on balance of probabilities – no presumption of native title – third respondent is not required to establish native title but is required to adduce evidence once applicant has adduced sufficient evidence from which the negative proposition may be inferred – third respondent has not adduced sufficient evidence to cast doubt on applicant’s case – no sufficient evidence that asserted rights and interests arise under normative system of traditional laws acknowledged and traditional customs observed – applicant entitled to determination that there is no native title over the land

Evidence Act 1995 (Cth), ss 27, 28, 106

[2007] FCA 987

EVIDENCE – mode of evidence at trial – civil penalty proceedings – whether affidavit evidence exhibiting transcripts of interview and statements given to investigators may be received – unsatisfactory form of some proposed evidence – discretionary questions – civil penalty proceedings – critical evidence of oral statements and conversations by union officials – evidence directed to be given on affidavit – affidavits to indicate time, place and nature of critical oral conversations – evidence of content of oral conversations and statements to be adduced orally in chief – annexure to affidavits of previous witness statements or interviews with investigators not permitted in exercise of discretion

[2003] NSWSC 533

Interlocutory application – whether to grant adjournment – whether plaintiff can give evidence by way of affidavit – query whether open to the Court for the plaintiff to be interrogated