Spencer v Commonwealth

COURT OR TRIBUNAL

Federal Court of Australia

DATE FILED (OR FIRST HEARING DATE)

12/06/2007

LITIGATION TYPE

Constitutional and Human Rights / State Accountability, Access to Justice

SUBJECT MATTER

Constitutional rights, Other

REVIEW TYPE

Judicial review

SUMMARY

The first judgment related to leave to issue subpoenas to give evidence to persons who had been identified as making comments or voicing opinions about the issues of climate change and carbon sequestration, Australia’s targets under the Kyoto Protocol, the merits of policies restricting vegetation clearing on private land as a mechanism to reduce carbon emissions and the merits of compensation for landholders affected by such policies.

The second judgment related to the applicant's claim seeking declaratory relief and damages arising out of what was alleged to be the acquisition of the applicant's property. This acquisition was said to have occurred due to the State enacting vegetation clearance laws pursuant to agreements between the State and the Commonwealth so that the Commonwealth could meet its targets under the Kyoto Protocol to the United Nations Framework Convention on Climate Change of 11 December 1997 and the State could secure Commonwealth funding for various policy initiatives on environmental reforms, especially in relation to restricting native vegetation clearance. The court concluded that there was no acquisition of property in contravention of s 51(xxxi) of the Constitution.

The third judgment concerned an unsuccessful appeal by the applicant of the primary judge's judgment.

CASE DOCUMENTS

Spencer v Commonwealth of Australia [2014] FCA 1234
Spencer v Commonwealth of Australia [2015] FCA 754
Spencer v Commonwealth [2018] FCAFC 17; 262 FCR 344