Lawyers for Forests Inc. v Minister for Environment, Heritage and the Arts (No 2) [2009] FCA 466

FEDERAL COURT OF AUSTRALIA

Lawyers for Forests Inc. v Minister for Environment, Heritage and the Arts (No 2) [2009] FCA 466

COSTS – discretion to award costs – whether appropriate to depart from general rule – public interest litigation WORDS AND PHRASES – "the public interest" Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3(1)(d) and 487 Australian Conservation Foundation v Forestry Commission (1988) 81 ALR 166 Blue Wedges Inc v Minister for Environment, Heritage and the Arts (2008) 165 FCR 211 Blue Wedges Inc v Minister for the Environment, Heritage and the Arts (No 2) [2008] FCA 1106 Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council (1998) 193 CLR 72 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Save The Ridge Inc v Commonwealth (2006) 230 ALR 411 Scott v Secretary, Department of Social Security (No 2) [2000] FCA 1450 South-West Forest Defence Foundation Inc v Executive Director of Department of Conservation and Land Management (No 2) (1998) 154 ALR 411 The Wilderness Society Inc. v The Hon. Malcolm Turnbull, Minister for the Environment and Water Resources [2007] FCA 1863 Wilderness Society Inc v Turnbull and Another (2007) 166 FCR 154 Wilderness Society Inc v Turnbull, Minister for Environment and Water Resources (2008) 101 ALD 1 Your Water Your Say Inc v Minister for the Environment, Heritage and the Arts (No 2) [2008] FCA 900 LAWYERS FOR FORESTS INC. v MINISTER FOR THE ENVIRONMENT, HERITAGE AND THE ARTS and GUNNS LIMITED

VID 1112 of 2007

TRACEY J

8 MAY 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1112 of 2007

BETWEEN: LAWYERS FOR FORESTS INC.

Applicant

AND: MINISTER FOR THE ENVIRONMENT, HERITAGE AND THE ARTS

First Respondent

GUNNS LIMITED

Second Respondent