Aboriginal land claims - Preparing for the second directions hearing
The Crown Lands Minister needs to comply with the directions made at the first directions hearing including preparing, filing and serving the Minister’s statement of facts and contentions and affidavit and documentary evidence.
The applicant needs to consider the following, in light of the Minister’s statement of facts and contentions and affidavit and documentary evidence.
|CROWN LANS MINISTER||Provide further documents
Within 21 days of serving the statement of facts and contentions, the Minister is to provide to the applicant copies of all further documents relevant to the Minister’s grounds as set out in the statement of facts and contentions for refusing the claim the subject of the application.
|APPLICANT||Consider whether to issue subpoenas
Consider whether the applicant wishes to subpoena any persons and, if so, prepare a list of persons to hand to the Court at the second directions hearing.
Consider time for statement of facts and contentions
|APPLICANT||Consider time to serve evidence in chief
Consider the time by which the applicant can prepare, file and serve its evidence in chief, including affidavits and further documents.
|BOTH PARTIES||Discuss and agree on alternatives to court
The applicant and the Minister are to discuss and endeavour to agree on whether conciliation, mediation or other means of resolving the appeal without a hearing would be appropriate.
|BOTH PARTIES||Discuss and agree on directions
The applicant and the Minister are to discuss and endeavour to agree upon the directions the Court should make at the second directions hearing. If the parties do not agree, each party should prepare their own version of the directions they propose.