Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Warburton Environment Inc v Secretary, Department of Energy, Environment and Climate Action (No 2) [2025] FCA 91 File number(s):
Judgment of: HORAN J
Date of judgment: 7 February 2025
Date of publication of reasons: 18 February 2025
Catchwords: PRACTICE AND PROCEDURE – application to be released from undertaking on condition that amended form of undertaking be given to the Court – where Secretary undertook not to remove trees located within fuel breaks except in specified circumstances – where dispute subsequently arose between the parties regarding scope of undertaking – where Secretary proposed to give amended undertaking – whether additional requirements should be imposed on Secretary by way of undertaking or injunction – application to release Secretary from current undertaking granted – amended undertaking given by Secretary
Legislation: Emergency Management Act 2013 (Vic) Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 475(2)
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Cases cited: Commonwealth Bank of Australia v The Law Debenture Trust Corporation plc (No 4) [2018] WASC 165 HJ v Independent Broad-Based Anti-Corruption Commission (2021) 64 VR 270 Lin v Lin (No 4) [2024] VSC 759
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 55
Date of hearing: 5 and 7 February 2025
Counsel for the Applicant: J Korman and M Beaconsfield
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