Brown v Forestry Tasmania [2005] FCA 1210

Brown v Forestry Tasmania [2005] FCA 1210

Tasmania is a party to an agreement with the Commonwealth, whose status is material to the proceeding, and as the Commonwealth has been granted leave to intervene on certain issues, it is appropriate that Tasmania also be granted limited leave to intervene to protect its interests, subject to conditions regarding scope and procedure.

Jurisdiction
Australia
Judgment Date
05 September 2005
Procedural Posture
Practice and Procedure / Interlocutory Application for Leave to Intervene
Outcome
Intervention granted with conditions
Legal Topics
['intervention' 'leave to Intervene' 'rule Dispensations']
['practice and Procedure'] ['intervention' 'leave to Intervene' 'rule Dispensations']

Case Brief

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Procedural Posture

Practice and Procedure / Interlocutory Application for Leave to Intervene

Legal Issues

  1. 1 ['Whether the State of Tasmania should be granted leave to intervene in the proceeding' "Scope and limits of State of Tasmania's intervention"]

Ratio Decidendi

Tasmania is a party to an agreement with the Commonwealth, whose status is material to the proceeding, and as the Commonwealth has been granted leave to intervene on certain issues, it is appropriate that Tasmania also be granted limited leave to intervene to protect its interests, subject to conditions regarding scope and procedure.

Court Disposition

Intervention granted with conditions

Orders

  • ['The State of Tasmania be granted leave to intervene in the proceeding (both orally and in writing as is convenient to the Court) pursuant to Order 6 rule 17 of the Rules of Court.' 'Order 6 rule 17(4) of the Rules of Court be dispensed with so that, upon obtaining appropriate leave, the State of Tasmania may...