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Spencer v. Commonwealth

Filing Date: 2007
Reporter Info: [2008] FCA 1256; [2009] FCAFC 38; [2010] HCA 28
Status: Decided
Case Categories:
  • Suits against governments
    • GHG emissions reduction and trading
      • Other
Jurisdictions:
  • Australia
    • High Court
Principal Laws:
  • Australia
    • Natural Resources Management (Financial Assistance) Act 1992 (Cth)
  • Australia
    • Native Vegetation Conservation Act 1997 (NSW)
  • Australia
    • Natural Heritage Trust of Australia Act 1997 (Cth)
  • Australia
    • Australian Constitution
  • Australia
    • Native Vegetation Act 2003 (NSW)
Summary:

The appellant challenged two state laws alleging that the legislation, which prohibited the clearing of native vegetation on his property, were an unjust acquisition of his property interests, including interests in carbon sequestration. The Federal Court of Australia summarily dismissed the appeal, finding that the appellant had no reasonable prospect of success because the laws did not effect or authorize the acquisition of the appellant’s property. On appeal, the Full Court upheld the dismissal.

The appellant appealed again to the High Court of Australia. The High Court found that the proceeding should not have been dismissed because the possibility remained that the laws are invalid due to the informal arrangement between the State and the Commonwealth.

At Issue: Appeal of dismissal of challenge to statute restricting cleaning of native vegetation on private property
Case Documents:
Filing Date Type File Summary
09/01/2010 Decision Download No summary available.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.