ROBERT CLIVE FORDHAM AND THE STATE OF VICTORIA V. GARETH EVANS, BHP PETROLEUM PTY LTD, ESSO EXPLORATION AND PRODUCTION AUSTRALIAN INC AND OIL BASINS LIMITED

ROBERT CLIVE FORDHAM AND THE STATE OF VICTORIA V. GARETH EVANS, BHP PETROLEUM PTY LTD, ESSO EXPLORATION AND PRODUCTION AUSTRALIAN INC AND OIL BASINS LIMITED

Parties
Applicant: Robert Clive Fordham; Applicant: The State of Victoria; Respondent: Gareth Evans; Respondent: BHP Petroleum Pty Ltd; Respondent: Esso Exploration & Production Australia Inc; Respondent: Oil Basins Limited
Jurisdiction
Australia
Judgment Date
11 May 1994
Procedural Posture
Summons for Directions / Interlocutory Hearing
Outcome
interlocutory orders made
Legal Topics
Invalidity of Excise Legislation, Procedure for Case Stated
Constitutional Law Invalidity of Excise Legislation Procedure for Case Stated

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Clive Fordham

Applicant

The State of Victoria

Applicant

Gareth Evans

Respondent

BHP Petroleum Pty Ltd

Respondent

Esso Exploration & Production Australia Inc

Respondent

Oil Basins Limited

Respondent

Procedural Posture

Summons for Directions / Interlocutory Hearing

Legal Issues

  1. 1 Whether provisions of the Excise Act 1901 and Excise Tariff Act 1921 contravene the Constitution
  2. 2 Process for stating and amending material facts and contentions

Court Disposition

interlocutory orders made

Orders

  • Applicants to serve proposed case stated within 28 days, including material facts and constitutional provisions allegedly infringed, and specifying which parts of the Excise Act 1901 and Excise Tariff Act 1921 and related instruments allegedly contravene the Constitution or involve invalid exercise of power, and...
  • Respondents to serve proposed amendments to case stated within 42 days of service.