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ARTICLE · 02 MAY 2023

Stay in your lane and stay in control: An important reminder for experts

The acts and behaviour of the expert witness led to the court finding that the expert evidence was unsatisfactory.

AustraliaLitigation, Mediation & Arbitration

Strickland on behalf of the Maduwongga Claim Group v State of Western Australia [2023] FCA 270

In this case, the Court made observations regarding an expert witness whose acts and behaviour led to the finding that the expert evidence was unsatisfactory.

Background

This is a case for the recognition of native title in the Goldfields region of Western Australia brought by two applicants, the Maduwongga Claim Group and the Nyalpa Pirniku Claim Group.

The three active respondents in the matter disputed the Maduwongga claim on the grounds that there never was a Maduwongga group that acknowledged and observed its own traditional laws and customs on the subject land.

Expert Evidence

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