The Environment Centre NT Inc v Minister for Resources and Water [2021] FCA 1121

The Environment Centre NT Inc v Minister for Resources and Water [2021] FCA 1121

The Court determined that, in light of an unexplained change in the respondents' position regarding timing of contract entry, the respondents are required to file an affidavit explaining the change, and made orders for the progression of the case including costs of the case management hearing being applicant's costs in the cause.

Parties
Applicant: The Environment Centre NT Inc; First Respondent: Minister for Resources and Water; Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
14 September 2021
Procedural Posture
Judicial Review / Case Management Hearing; Orders for Filing Evidence and Timetable to Final Hearing
Outcome
interlocutory orders made; matter proceeding to hearing
Legal Topics
Judicial Review, Industry Research and Development (beetaloo Cooperative Drilling Program) Instrument 2021 (cth), Decision to Grant Funding, Procedural Fairness, Timing of Contract Entry
Administrative Law Judicial Review Industry Research and Development (beetaloo Cooperative Drilling Program) Instrument 2021 (cth) Decision to Grant Funding Procedural Fairness Timing of Contract Entry

Case Brief

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Parties

The Environment Centre NT Inc

Applicant

Minister for Resources and Water

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Judicial Review / Case Management Hearing; Orders for Filing Evidence and Timetable to Final Hearing

Legal Issues

  1. 1 Validity of the Industry Research and Development (Beetaloo Cooperative Drilling Program) Instrument 2021 (Cth)
  2. 2 Validity of the Minister's decision to grant funding under the Instrument
  3. 3 Failure to give notice of contract entry to applicant

Ratio Decidendi

The Court determined that, in light of an unexplained change in the respondents' position regarding timing of contract entry, the respondents are required to file an affidavit explaining the change, and made orders for the progression of the case including costs of the case management hearing being applicant's costs in the cause.

Court Disposition

interlocutory orders made; matter proceeding to hearing

Orders

  • Orders 5 and 6 of the orders dated 6 August 2021 are vacated.
  • The respondents are to file and serve an affidavit by 5pm on 17 September 2021 explaining the change in their position from that stated in the letter of 3 September 2021 to that stated in the letter of 13 September 2021, including as to the absence of notice of that change being given to the applicant.