Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 6)

In Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd, the Buurabalayji Thalanyji Aboriginal Corporation (BTAC) sought orders relating to the appropriate programming and timetabling of the separate hearing of the second, third and fourth cross-claims, the scope of discovery and whether discovery should precede the filing of evidence. The matter was heard in the Federal Court of Australia. The primary legal issues before the court were the scope of the discovery process, the timing of discovery in relation to the filing of evidence, and the setting of trial dates.

The court found that the discovery process should focus on the legality of the mining operations, the validity of the Purported Approval, the illegitimacy of the pretext of flood mitigation, and statements made by Chevron to BTAC regarding the NTA's consent to mining and the possibility of seeking compensation. The court also noted that the parties should have already discussed and attempted to agree on a protocol for discovery, in accordance with the Central Practice Note (CPN-1). The court ordered that each party should inform the other of their discovery requests by specified dates and that the parties should confer and attempt to reach agreement on the discovery to be given and a protocol for discovery. The court also set trial dates for the matter.

The Federal Court of Australia ordered that the date for compliance with orders 2 and 3 of the orders made on 15 August be extended until 10 September 2019. The court also ordered that the parties should inform each other of their discovery requests by specified dates and that they should confer and attempt to reach agreement on the discovery to be given and a protocol for discovery. Finally, the court ordered that the parties should provide a list of available dates for trial between 6 April and 31 July 2020.