Federal Court of Australia
Federal Court of Australia
Environment Council of Central Queensland Inc v Minister for the Environment and Water [2023] FCA 1117 File number(s): VID 400 of 2023 VID 401 of 2023
Judgment of: MCELWAINE J
Date of judgment: 19 September 2023
Catchwords: PRACTICE AND PROCEDURE – admissibility of evidence in application for judicial review pursuant to ss 5(1) and 11(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B(1) of the Judiciary Act 1903 (Cth) – where applicant contends decision of the Minister is irrational, illogical or unsupported by the material before her – evidence received in part on provisional basis pursuant to s 57 of the Evidence Act 1995 (Cth)
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 78 Evidence Act 1995 (Cth) s 55
Cases cited: Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; 148 FCR 446 Chandra v Webber [2010] FCA 705; 187 FCR 31 Waterford v Commonwealth (1987) 163 CLR 54 Williams N (ed), Key Issues in Judicial Review (Federation Press, 2014)
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 38
Date of hearing: 18 September 2023
Counsel for the Applicant: Mr E Nekvapil SC, Mr J Hartley, Ms M Narayan, Ms L Schuijers and Mr J Blaker
Solicitor for the Applicant: Environmental Justice Australia
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate