Aboriginal land claims - At the third directions hearing
Venue, date and time
The third directions hearing will again be conducted on a Friday by the List Judge on the date fixed at the second 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.
The parties are to hand to the Court at the third directions hearing a realistic agreed estimate or their own versions of an estimate of the hearing time, broken down into the following elements of the hearing:
- opening address
- tender of documents, written evidence and any objections
- cross-examination (if any witnesses are so required and, if expert witnesses are required, grouping experts by categories); and
- closing submissions.
The parties are to hand to the Court at the third 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.
The List Judge will make directions, generally in accordance with the usual directions at the third directions hearing, including directing and fixing a date:
- the serving of any evidence in reply by the Minister;
- if applicable, the conferral by and production of any joint experts’ report;
- the final hearing;
- if the matter is particularly complex or expected to exceed 3 days hearing time, a pre-hearing mention;
- the preparation of an agreed list of issues for determination and a statement of agreed facts;
- giving notice for cross-examination;
- the filing and serving of a Court Book and Evidence Book; and
- any other directions that may be necessary to ensure the just, quick and cheap disposal of the proceedings.
These directions will be stated orally. The parties should record the directions made, including importantly the date, time and venue of the final hearing. A written copy of the directions made is not usually sent to the parties.