VicForests appeal outcomes

In early 2021 VicForests launched an appeal against our court case win of May 27 2020. While one of their 31 grounds succeeded on a technicality of statutory law related to Commonwealth legislation, VicForests was ultimately unsuccessful with all aspects related to Victorian law and the judgment that their logging was unlawful was upheld and remains.

6 Pins

Friends of Leadbeater's Possum

an advertisement for the federal court appeal

Legally speaking 6

The only ground on which VicForests succeeded involved a “technical question of statutory construction”. In light of the Court’s construction, the contraventions found by Justice Mortimer do not result in illegality under federal law. Findings that VF contravened Vic legislation were upheld. Illegal Logging Prohibition Act 2012: Timber harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested is illegally logged. #leadbeaterspossum

a poster with words on it stating that there is no evidence in this case for illegal findings

Government

Legally speaking 5

VicForests identified 31 grounds of appeal. All but one of the grounds pressed failed. The Full Court did not overturn any of the trial judge’s factual findings. Those findings were upheld on appeal. (Illegal Logging Prohibition Act 2012): Timber harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested is illegally logged. #leadbeaterspossum

a poster with the words liberty speaking and an image of a mountain in the background

Endangered Species

Habitat

Legally speaking 4

At trial, Friends of Leadbeater’s Possum succeeded on all relevant issues, legal and factual. Justice Mortimer found that VicForests contravened State legislation with respect to endangered species and their habitat. (Illegal Logging Prohibition Act 2012): Timber harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested is illegally logged. #leadbeaterspossum

there is reason to expect vicforcests to moderate its behavior in the light of the mountains of northern i, as uphill by the full court

Legally speaking 3

There is reason to expect VicForests to moderate its behaviour in light of the findings of Mortimer J, as upheld by the Full Court. (Illegal Logging Prohibition Act 2012): Timber harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested is illegally logged. #leadbeaterspossum

a poster with the words, legality speaking

Environmental Law

Legally speaking 2

The Full Court upheld findings that breaches of Victorian environmental law had occurred or were likely to occur in all 66 coupes in our case. (Illegal Logging Prohibition Act 2012): Timber harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested is illegally logged. #leadbeaterspossum

an image of the federal court on 10 may, 2011 that vicforest failed on 30 off 3 rounds of speaking

Bench

Legally speaking 1

In the Federal Court appeal judgment on 10 May, 2021, the bench found that VicForests failed on 30 of 31 grounds of appeal. (Illegal Logging Prohibition Act 2012): Timber harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested is illegally logged. #leadbeaterspossum