Northern Territory of Australia v Mr A. Griffiths (deceased) & Anor; Commonwealth of Australia v Mr A. Griffiths (deceased) & Anor; Mr A. Griffiths (deceased) v Northern Territory of Australia & Anor

[2019] HCATrans 125

[2019] HCATrans 125

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Darwin  No D1 of 2018

B e t w e e n -

NORTHERN TERRITORY OF AUSTRALIA

Appellant

and

MR A. GRIFFITHS (DECEASED) AND LORRAINE JONES ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES

First Respondent

COMMONWEALTH OF AUSTRALIA

Second Respondent

Office of the Registry
  Darwin  No D2 of 2018

B e t w e e n -

COMMONWEALTH OF AUSTRALIA

Appellant

and

MR A. GRIFFITHS (DECEASED) AND LORRAINE JONES ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES

First Respondent

NORTHERN TERRITORY OF AUSTRALIA

Second Respondent

Office of the Registry
  Darwin  No D3 of 2018

B e t w e e n -

MR A. GRIFFITHS (DECEASED) AND LORRAINE JONES ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES

Appellant

and

NORTHERN TERRITORY OF AUSTRALIA

First Respondent

COMMONWEALTH OF AUSTRALIA

Second Respondent

NETTLE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 19 JUNE 2019, AT 9.36 AM

Copyright in the High Court of Australia

____________________

HIS HONOUR:   For reasons which I shall presently publish, I order as follows:

1.Pursuant to s 77RE(1)(b)(i) and s 77RG(4) of the Judiciary Act1903 (Cth), and on the ground in s 77RF(1)(a) that the orders are necessary to prevent prejudice to the proper administration of justice, publication and disclosure of the material contained in the volume titled “Commonwealth’s Book of Further Materials Volume Three (Gender Restricted) (Pages 608‑662)” (the gender restricted volume), copies of which were filed on 6 April 2018 in a sealed bag, be restricted with effect on and from 9 August 2019 in the following manner:

(a)the gender restricted volume and any copies shall be kept separate and sealed in an envelope or bag marked “Evidence Restricted by Orders of the Court made on 30 May 2018 in Appeal Proceedings D1 of 2018, D2 of 2018 and D3 of 2018”;

(b)any copy of the gender restricted volume being kept in the office of Registry is not to be available for inspection without an order of a Justice of the Court, any such order to be made after giving written notice to the parties in Appeal Proceedings D1 of 2018, D2 of 2018 and D3 of 2018;

(c)the gender restricted volume may be accessed by, and its contents disclosed to:

(i)a Justice of the Court hearing any application in relation to access to the gender restricted volume, including the application for these orders and any application mentioned in Order 1(b) and Order 2;

(ii)any Associate or other Court staff as directed by a Justice mentioned at (i);

(iii)any male counsel or legal representative of any party or intervener in the appeals in proceedings D1 of 2018, D2 of 2018 and D3 of 2018, or of any applicant or other party to an application mentioned in Order 1(b) and 3;

(d)any male counsel or legal representative mentioned in Order 1(c)(iii) may disclose the contents of the gender restricted volume to any male party or male officer of a party, other male counsel or legal practitioner, or male expert anthropological expert witness engaged by a party, for the purpose of any application mentioned in Order 1(b) and 3.

2.Subject to any further order, the period for which these orders will operate that is specified for the purposes of s 77RI of the Judiciary Act1903 (Cth) is 10 years from 12 April 2019.

3.Liberty is reserved to any party or intervener to the appeal proceedings or any person listed in s 77RG(2) of the Judiciary Act1903 (Cth) to apply by summons and supporting affidavit for an order varying Orders 1 and 2.

4.There be no order as to the costs of and incidental to the making of these orders.

I publish my reasons and those orders.

AT 9.40 AM THE MATTER WAS CONCLUDED