Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Forestry Tasmania v Brown (No 2) [2007] FCA 604
PRACTICE AND PROCEDURE – intervention – intervener pursuant to Federal Court Rules Order 6 Rule 17 not "a party" to subsequent appeal.
Federal Court Rules, Order 6, Rule 17; and Order 52, Rule 14. Cheesman v Waters (1997) 77 FCR 221 distinguished Corporate Affairs Commission v Bradley [1974] 1 NSWLR 391 distinguished Peacock v Human Rights and Equal Opportunity Commission [2005] FCAFC 45 distinguished United States Tobacco v Minister for Consumer Affairs (1988) 20 FCR 520 distinguished FORESTRY TASMANIA v ROBERT BROWN, THE COMMONWEALTH OF AUSTRALIA AND THE STATE OF TASMANIA TAD 4 OF 2007
BLACK CJ
13 APRIL 2007
HOBART
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TAD 4 OF 2007
BETWEEN: FORESTRY TASMANIA
Appellant
AND: ROBERT BROWN
First Respondent
THE COMMONWEALTH OF AUSTRALIA
Second Respondent
THE STATE OF TASMANIA
Third Respondent
JUDGE: BLACK CJ DATE OF ORDER: 13 APRIL 2007
WHERE MADE: HOBART
THE COURT ORDERS THAT:
1. By consent the Third Respondent be removed as a party to the appeal. 2. The Second Respondent be removed as a party to the appeal. 3. Pursuant to Order 52, Rule 14AA, the Second Respondent, and by consent the Third Respondent, have leave to intervene in the appeal upon the terms that: a. Their intervention at the hearing of the appeal be limited to being heard by way of written and oral submissions in respect of such matters as concern issues 2, 8 and 9 of the Agreed List of Issues filed in proceeding TAD 17 of 2005 and such parts of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and the Regional Forests Agreement Act 2002 (Cth) and the Regional Forest Agreement between the Commonwealth of Australia and the State of Tasmania to which such issues relate; and b. They do not seek any costs from any party. 4. The appellant has leave to amend its notice of appeal on or before 24 April 2007. 5. The Second Respondent pay the First Respondent's cost of today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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