Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phosphate Resources Limited v Turnbull, Minister for the Environment and Water Resources [2007] FCA 1507
ADMINISTRATIVE LAW – judicial review – practice and procedure – judicial review of ministerial decision – statement of claim filed with application – whether proceedings should continue on pleadings – whether discovery should be ordered – relevant to whether Minister considered relevant factors in "a real sense" and undertook "active intellectual process" – pleadings unwarranted – statement of claim to stand as statement of case – discovery declined subject to justification for particular discovery Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 133 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited PHOSPHATE RESOURCES LIMITED v THE HONOURABLE MALCOLM BLIGH TURNBULL, MINISTER FOR THE ENVIRONMENT AND WATER RESOURCES WAD135 OF 2007
FRENCH J
27 SEPTEMBER 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD135 OF 2007
BETWEEN: PHOSPHATE RESOURCES LIMITED
Applicant
AND: THE HONOURABLE MALCOLM BLIGH TURNBULL, MINISTER FOR THE ENVIRONMENT AND WATER RESOURCES
Respondent
JUDGE: FRENCH J
DATE OF ORDER: 27 SEPTEMBER 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is to proceed on affidavit. 2. The statement of claim filed with the application on 13 July 2007 may stand as a statement of the applicant's case. 3. There will be no order for discovery of documents. 4. The applicant is to file and serve any affidavits upon which it seeks to rely on or before 24 October 2007. 5. The respondent is to file and serve any affidavits upon which he relies on or before 14 November 2007. 6. The applicant is to file and serve an outline of written submissions in support of the application on or before 21 November 2007. 7. The respondent is to file and serve an outline of his written submissions in reply on or before 28 November 2007. 8. The application will be set down for hearing on 5 and 6 February 2008. 9. Liberty to apply. 10. Costs of this directions hearing and of the written submissions are reserved.
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