Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 34.122

Disclosure of evidence or information of cultural or customary nature, contrary to court order

         (1)   If the adducing of evidence or inspection of a document in a proceeding might disclose information or evidence of a cultural or customary nature, the disclosure of which would be contrary to a direction or order of a court or tribunal, the party who wants to adduce the evidence or inspect the document must give reasonable notice to:

                (a)    the court or tribunal that gave the direction or made the order; and

               (b)    each person, or the representative of each person, who gave the evidence or produced the information; and

                (c)    any other person as the Court may order.

         (2)   Notice may be given under paragraph (1) (a) by giving notice to the Registrar of the court or tribunal, or a person performing the duties of a Registrar or holding a similar office.

         (3)   In this rule:

court or tribunal includes:

                (a)    the Aboriginal Land Commissioner; and

               (b)    any other body or entity with jurisdiction under a law of the Commonwealth or a State or Territory to hear and determine, or make findings and recommendations, or mediate or otherwise act in relation to indigenous land proceedings.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback