Australian Conservation Foundation & Ors v. Forestry Commission & Anor [1988] FCA 3

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3 LIMITED DISTRIBUTION

NOT FOR PUBLICATION

IN THE FEDERAL COURT OF AUSTRALIA ) )

TASMANIA DISTRICT REGISTRY ) NO TG 14 OF 1987 ) )

GENERAL DIVISTON

Between: AUSTRALIAN CONSERVATION FOUNDATION

THE WILDERNESS SOCIETY INC. AND

TASMANIAN CONSERVATION TRUST INC.

(Applicants) And: FORESTRY COMMISSION

(First Respondent)

MICHAEL MANIFOLD HELSHAM ROBERT HENRY WALLACE PETER PHILIP HITCHCOCK

(Second Respondents)

MINUTES OF ORDER

Coram: Ryan J. Date: 19 January 1988

Place: Hobart

FEDERAL COURT OF THE COURT ORDERS THAT: AUSTRALIA

CIPAL AUOITRY

The two subpoenas for production of documents addressed to the Secretary to the Commission of Inquiry into Lemonthyme and Southern Forests and the two subpoenas addressed

respectively to Peter Robotham Cranswick and Murray Russell

Chambers be set aside.

pec tae ce. fi . .

- ore

NOTE: Settlement and entry of orders is dealt with by 0.36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA

) ) TASMANIA DISTRICT REGISTRY ) NO TG 14 OF 1987 } GENERAL DIVISION )

Between: AUSTRALIAN CONSERVATION FOUNDATION

THE WILDERNESS SOCIETY INC.

AND

TASMANIAN CONSERVATION TRUST

INC.

(Applicants) And: FORESTRY COMMISSION (First Respondent) MICHAEL MANIFOLD HELSHAM

ROBERT HENRY WALLACE PETER PHILIP HITCHCOCK

(Second Respondents)

Coram: Ryan J. Date: 19 January 1988

Place: Hobart

REASONS FOR JUDGMENT

By motion on notice dated 11 January 1988, the Secretary to the Commission of Inquiry into Lemonthyme and Southern Forests ("the Commission") seeks to have set aside two subpoenas for production of documents addressed to him,

and one subpoena addressed to each of Senior and Junior

soot

Counsel assisting the Commission. All four subpoenas have

been issued at the request of the applicants.

The Schedule to the earlier subpoena, addressed to the

Secretary to the Commission dated 21 December 1987, requires