Commonwealth Consolidated Regulations

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

FEDERAL COURT RULES 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