Krajniw v Minister for the Environment [2016] FCA 141

FEDERAL COURT OF AUSTRALIA

Krajniw v Minister for the Environment [2016] FCA 141 File number: QUD 474 of 2015

Judge: COLLIER J

Date of judgment: 25 February 2016

Catchwords: PRACTICE AND PROCEDURE – application by the respondents for summary judgment pursuant to s 31A Federal Court of Australia Act 1976 (Cth) and r 26.01 Federal Court Rules 2011 (Cth) – application to strike out pleadings pursuant to r 16.21 Federal Court Rules 2011 (Cth) – where no reasonable prospect of success – where pleadings include extensive scandalous and inflammatory allegations – pleadings contravene requirement to plead briefly – where relief sought falls under legislation outside Federal Court jurisdiction – issues of relitigation ENVIRONMENTAL LAW – alleged contraventions of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) – operation of ss 18, 18A, 20 and 20A Environmental Protection and Biodiversity Conservation Act 1999 (Cth) – where only one respondent has taken or proposes to take "action" – no evidence of a significant impact on species as a whole – where species are not protected – claiming contravention of provisions that are incapable of being contravened

Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Pt 3, 5, 7, 9, ss 3, 3A, 18, 18A, 19, 20, 20A, 34, 43A, 43B, 48A(2), 66, 67, 68, 69, 381, 475(1)(b), 475(3), 475(6), 523, 524 Federal Court of Australia Act 1976 (Cth) ss 31A, 31A(2) Federal Court Rules 2011 (Cth) rr 16.02(1)(b), 16.21, 26.01 Nature Conservation Act 1992 (Qld) Personal Injuries Proceedings Act 2002 (Qld) Sustainable Planning Act 2009 (Qld) Vegetation Management Act 2009 (Qld) Nature Conservation Regulations 1994 (Qld)