Energie Future NL v Commonwealth-New South Wales Offshore Minerals Joint Authority [2011] FCA 818

FEDERAL COURT OF AUSTRALIA

Energie Future NL v Commonwealth-New South Wales Offshore Minerals Joint Authority [2011] FCA 818 Citation: Energie Future NL v Commonwealth-New South Wales Offshore Minerals Joint Authority [2011] FCA 818

Parties: ENERGIE FUTURE NL v COMMONWEALTH-NEW SOUTH WALES OFFSHORE MINERALS JOINT AUTHORITY

File number: NSD 540 of 2011

Judge: FOSTER J

Date of judgment: 20 July 2011

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 11 and 13

Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited

Date of hearing: 20 July 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 18

Counsel for the Applicant: Ms L Clegg

Solicitor for the Applicant: Beswick Lynch Lawyers

Solicitor for the Respondent: Ms C Kelso of Norton Rose Australia

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 540 of 2011

BETWEEN: ENERGIE FUTURE NL

Applicant

AND: COMMONWEALTH-NEW SOUTH WALES OFFSHORE MINERALS JOINT AUTHORITY

Respondent

JUDGE: FOSTER J DATE OF ORDER: 20 JULY 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. ORDERS that the time within which the applicant might file an Application for an Order for Review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) of the decision of the respondent given on 7 January 2011 to refuse to grant four Mineral Exploration Licence Applications as specified in the Application filed herein be extended up to and including 3 August 2011. 2. GRANTS leave to the applicant to file and serve an Amended Application by 3 August 2011. 3. NOTES that the Amended Application referred to in par 2 above will include the joinder of "Sydney Basin UCG Pty Ltd (formerly Energie Future Pty Ltd)" as the second applicant and that it is proposed by the applicant that the Amended Application will include grounds of judicial review under s 39B of the Judiciary Act 1903 (Cth). 4. ORDERS the respondent to provide to the applicant by 12 August 2011 a copy of any legal advice, including any formal opinion or memorandum or file note or any other document reflecting the "legal advice" referred to in the bundle of relevant documents at RD 164, 170, 195, 197, 199, 208, 220 (par 20 of the Statement of Reasons), the "further legal advice" referred to at RD 192, and the agenda paper referred to at RD 170 referring to legal advice but reserves to the respondent any claim for client legal privilege which it might be minded to make. 5. In the event that the respondent wishes to make a claim for client legal privilege in respect of any documents covered by order 4 above, ORDERS the respondent's legal representatives to notify the applicant's legal representatives as soon as practicable of the precise claim for client legal privilege which it wishes to make and of the basis for such claim. 6. GRANTS to all parties liberty to apply in respect of any claims for client legal privilege made by the respondent, and generally, upon three days' notice or upon such shorter notice as a Judge of the Court might allow. 7. ORDERS that the costs of the Notice of Motion filed by the applicant on 10 June 2011 be costs in the proceeding. 8. DIRECTS the respondent to file and serve by 2 September 2011 any evidence upon which it proposes to rely at the final hearing of the proceeding. 9. ORDERS the applicant to file and serve by 14 October 2011 an Outline of Written Submissions in support of the Application. 10. ORDERS the respondent to file and serve by 24 October 2011 any Submissions in Reply. 11. ORDERS that the proceeding be listed for directions before Foster J at 9.30 am on 5 October 2011. 12. ORDERS that the Application be set down for final hearing before Foster J at 10.15 am on 28 October 2011. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.