Aboriginal land claims - At the second directions hearing

Venue, date and time

The second directions hearing will again be conducted on a Friday by the List Judge on the date fixed at the first directions hearing, in a court in the Court’s building at 225 Macquarie Street, Sydney.  The location of the Court and the precise time of the day will be published on the Court Lists on a notice board in the foyer of the Court’s building and on the Court’s website in the afternoon of the day before the second directions hearing. The Sydney Morning Herald may also (but does not always) publish the Court Lists on the morning of the date set for the directions hearing.

List of persons to be subpoenaed

At the second directions hearing, the applicant is to hand to the Court a list of persons to whom the applicant wishes to issue subpoenas.

Expert evidence to be called

If applicable, the applicant is to hand to the Court a statement of the disciplines in respect of which the applicant proposes to call expert evidence, the issues to which the proposed expert evidence relates and the reasons why the proposed expert evidence is reasonably required to resolve the proceedings, having regard to the just, quick and cheap requirement.

Completed minute of proposed directions

The parties are to hand to the Court at the second directions hearing an agreed or their own versions of a minute of the directions they propose the Court should make to prepare the matter for hearing and facilitate the just, quick and cheap resolution of the appeal.

Making and recording directions

The List Judge will make directions, generally in accordance with the usual directions at the second directions hearing, including directing and fixing a date:

• by which the applicant is to issue subpoenas to the persons identified by the applicant
• for the applicant to prepare, file with the Court and serve on the Minister the applicant’s statement of facts and contentions
• for the applicant to prepare, file with the Court and serve on the Minister the applicant’s evidence in chief, including affidavits and a bundle of documents
• for conciliation, mediation or other means of resolving the appeal without a hearing (if appropriate)
• for the third directions hearing.

The List Judge will state the directions orally.  It is important  that the parties record the directions the List Judge makes.  A written copy of the directions made is not usually sent to the parties.