Ah-Chee v Stuart

In the case of Ah-Chee v Stuart, the Walka Wani applicants sought leave to appeal against the interlocutory judgment of the primary judge in a proceeding concerning the determination of native title over the Oodnadatta Common. The primary judge had made orders regarding the handling of male gender restricted evidence, which the Walka Wani applicants sought to appeal. The key issue before the court was whether there was sufficient doubt in the correctness of the primary judge's orders to warrant leave to appeal being granted. The court had to consider whether the appeal had prospects of success and whether the primary judge's decision contained any arguable error.

The court held that none of the proposed grounds of appeal had sufficient prospects to warrant leave being granted. The court found that the primary judge had carefully considered the cultural and customary concerns of both the Walka Wani and Arabana applicants and had struck an appropriate balance in exercising his judicial discretion. The court noted that leave is less often granted where the impugned ruling is discretionary and is on a matter of practice or procedure, and that appellate intervention in such matters requires particular caution. The court also found that no arguable appealable error had been identified in the primary judge's judgment.

The court refused leave to appeal and made no order as to costs. The primary judge's orders regarding the handling of male gender restricted evidence will stand, and the parties are urged to continue discussing means by which the cultural and customary concerns of both applicant groups can be mutually accommodated.