Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Friends of Leadbeater's Possum Inc v VicForests (No 2) [2018] FCA 532 File number: VID 1228 of 2017
Judge: MORTIMER J
Date of judgment: 20 April 2018
Catchwords: ENVIRONMENT LAW – qualified answer given to separate question concerning statutory interpretation of regulatory scheme established under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and related legislation – submissions made on appropriate relief in light of reasons – relief granted PRACTICE AND PROCEDURE – reasons given on separate question – subsequent amendment made to statement of claim – whether in the circumstances application should be dismissed or proceed as amended – application to proceed
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 18, 38(1), 475 Federal Court Rules 2011 (Cth), r 16.51 Federal Court of Australia Act 1976 (Cth), ss 24(1A), 37M, 37N Regional Forest Agreements Act 2002 (Cth), s 6(4)
Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Damorgold Pty Ltd v J.A.I. Products Pty Ltd [2014] FCA 448 Dwyer v O'Mullen (1887) 13 VLR 933 Friends of Leadbeater's Possum Inc v VicForests [2018] FCA 178 N and E Bowder Pty Ltd v Australian Keg Company Pty Ltd [2014] FCA 288; 220 FCR 166 Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2017] FCA 1056 TAG Pacific Limited & Anor v McSweeney, BA & Anor [1992] FCA 191; 34 FCR 438
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