Harrington-Smith on behalf of Wongatha People v Western Australia (No 7)

JurisdictionAustralia Federal only
Neutral Citation2003-0820 FCA B
Date2003
Year2003
CourtFederal Court
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37 cases
3 firm's commentaries
  • Messages from Canada - Should lawyers be able to suggest changes to their experts’ draft reports?
    • Australia
    • Mondaq Australia
    • 23 October 2014
    ...7 of the Uniform Civil Procedure Rules 2005 (NSW) 6 - Harrington-Smith on behalf of the Wongatha People v Western Australia (No 7) [2003] FCA 893 (20 August 2003) [at Sources: Moore v. Getahun, 2014 ONSC 237 Rule 53.03, Canadian Rules of Civil Procedure Canadian Bar Association commentary h......
  • Expert evidence & drafting of reports.
    • United States
    • LexBlog United States
    • 10 July 2022
    ...to he reasoning of Lindgren J in Harrington-Smith on Behalf of the Wongatha People v Western Australia (No 7) (2003) 13 FCR 424; [2003] FCA 893: In some circumstances, the fact that an expert witness may agree with a form of words for the expression of the expert’s opinion which are put to ......
  • Leave it to the experts ' a lawyers role in the preparation of an expert report
    • Australia
    • Mondaq Australia
    • 31 October 2022
    ...Ltd v Leung [2022] FCA 722, McElwaine J at [76]. 11 Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 7) [2003] FCA 893, Linden J at 12 Rule 212(2) of the UCPR; see also Landel Pty Ltd & Anor v Insurance Australia Limited [2021] QSC 247, Dalton J at [19] and......
5 books & journal articles
  • The Definition and Discovery of Facts in Native Title: The Historian's Contribution
    • United Kingdom
    • Sage Federal Law Review No. 36-3, September 2008
    • 1 September 2008
    ...FCA 1548 (Unreported, Cooper J, 1 November 2000) [1]–[16]; Harrington-Smith on behalf of the Wongatha People v Western Australia (No 7) (2003) 130 FCR 424, 431–2 [35]–[39] (Lindgren J). 2008 Definition and Discovery of Facts in Native Title 313 ______________________________________________......
  • The Basis of the ‘Basis Rule’: The Role of the Basis Rule in the Admissibility of Expert Opinion
    • United Kingdom
    • Sage Federal Law Review No. 43-2, June 2015
    • 1 June 2015
    ...(1984) 38 SASR 45, 46 (King CJ). 148 See Dasreef (2011) 243 CLR 588, 639 [133]; Harrington-Smith v Western Australia (No 2) (2003) 130 FCR 424, 428–9 [25]. On the relevance point, see also Odgers, above n 92, 344 [1.3.4320]. 149 (2001) 52 NSWLR 705, 744–5 [86]. 150 [2012] FCA 252 (19 March ......
  • AUSTRALIAN HISTORIANS AND HISTORIOGRAPHY IN THE COURTROOM.
    • Australia
    • Melbourne University Law Review Vol. 43 No. 3, April 2020
    • 1 April 2020
    ...it should be noted that this is a case on the Stolen Generations, rather than native title; Harrington-Smith v Western Australia [No 7] (2003) 130 FCR 424, 433 [42] (Lindgren J) ('Harrington-Smith'), discussed later in this article: see below nn 15-16 and accompanying (5) (1951) 83 CLR 1 ('......
  • Judicial assessment of expert evidence
    • Ireland
    • Irish Judicial Studies Journal No. 2-10, July 2010
    • 1 July 2010
    ...have carried out for the purposes of their evidence in the particular case in question. In Harrington-Smith v. Western Australia (No.7) [2003] F.C.A. 893 Lindgren J. suggested four categories: expert opinion evidence, expert non-opinion evidence, non-expert opinion evidence, and (implicitly......
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