Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Queensland Nickel Pty Limited v Commonwealth of Australia [2016] FCA 290 File number: QUD 255 of 2014
Judge: DOWSETT J
Date of judgment: 23 March 2016
Catchwords: PRACTICE AND PROCEDURE – amendment of pleadings – where amendment raises a separate cause of action – meaning of 'action on the case' – express or implied threat by Government Authority – causation of damage
Legislation: Federal Court Rules 2011 (Cth) r 16.43 Great Barrier Reef Marine Park Act 1975 (Cth) s 6, s7, s 30, s31, s 35C, s 35E,s 35F, s 38DC, s 38DD, s 61A Great Barrier Reef Marine Park Regulations 1983 (Cth) reg 94 Queensland Nickel Agreement Act 1970 (Qld) s 3
Cases cited: Beaudesert Shire Council v Smith (1969) 120 CLR 145 Bienke v Minister for Primary Industries (1996) 63 FCR 567 James v The Commonwealth (1939) 62 CLR 339 Northern Territory of Australia v Mengel (1994-1995) 185 CLR 307 Penfolds Wines Pty Ltd v Elliott (1946) 74 CLR 204 Sutherland Shire Council v Heyman (1985) 157 CLR 424
Date of hearing: 30 March 2015
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 55
Counsel for the Applicant: Mr J Kirk SC with Mr L Livingston
Solicitor for the Applicant: Kilmurray Legal
Counsel for the Respondents: Mr Stephen Lloyd SC with Mr G del Villar
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