Harrington-Smith on behalf of Wongatha People v Western Australia (No 7)
Jurisdiction | Australia Federal only |
Neutral Citation | 2003-0820 FCA B |
Date | 2003 |
Court | Federal Court |
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37 cases
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De Belin v Australian Rugby League Commission Limited
...Ltd (1984) 2 FCR 82 Grieg v Insole [1978] 1 WLR 302 Hammond v Commonwealth (1982) 152 CLR 188 Harrington-Smith v Western Australia (No 2) [2003] FCA 893; (2003) 130 FCR 424 Henville v Walker [2001] HCA 52; (2001) 206 CLR 459 Ho v Powell [2001] NSWCA 168; (2001) 51 NSWLR 572 Hospital Product......
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3 firm's commentaries
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Messages from Canada - Should lawyers be able to suggest changes to their experts draft reports?
...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......
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Expert evidence & drafting of reports.
...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 ......
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Leave it to the experts ' a lawyers role in the preparation of an expert report
...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
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The Definition and Discovery of Facts in Native Title: The Historian's Contribution
...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 ______________________________________________......
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The Basis of the ‘Basis Rule’: The Role of the Basis Rule in the Admissibility of Expert Opinion
...(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 ......
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AUSTRALIAN HISTORIANS AND HISTORIOGRAPHY IN THE COURTROOM.
...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 ('......
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Judicial assessment of expert evidence
...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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