Federal Court of Australia
Federal Court of Australia
Mineralogy Pty Ltd v State of Western Australia [2020] FCA 1517 File number(s): QUD 257 of 2020
Judgment of: GREENWOOD ACJ
Date of judgment: 19 October 2020
Catchwords: PRACTICE AND PROCEDURE – consideration of whether orders ought to be made in the principal proceeding before the Federal Court of Australia having regard to proceedings commenced in the High Court of Australia in which the question of the validity of the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020 (WA) is to be determined
Legislation: Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020 (WA), s 7 (introducing Part 3 into the primary Act) Iron Ore Processing (Mineralogy Pty Ltd) Agreement Act 2002 (WA), ss 7, 8, 10, 11, 19, 20
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 45
Date of hearing: 15 October 2020
Counsel for the Applicants: Mr K S Byrne
Solicitor for the Applicants: Alexander Law
Counsel for the Respondent: Mr S Doyle QC with Mr S Webster
Solicitor for the Respondent: Clayton Utz
ORDERS QUD 257 of 2020
BETWEEN: MINERALOGY PTY LTD (ACN 010 582 680) First Applicant
INTERNATIONAL MINERALS PTY LTD (ACN 058 341 638) Second Applicant
AND: THE STATE OF WESTERN AUSTRALIA Respondent
order made by: GREENWOOD ACJ DATE OF ORDER: 19 OCTOBER 2020
THE COURT ORDERS THAT:
1. These proceedings are adjourned generally pending the publication of orders and reasons for judgment by the High Court of Australia in proceedings B54/2020 entitled Mineralogy Pty Ltd & Anor v State of Western Australia, or earlier resolution or order determining those proceedings. 2. The costs of and incidental to the case management conference on Thursday, 15 October 2020, are reserved. 3. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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