Bob Brown Foundation’s forestry case begins in Federal Court in Hobart

As the swift parrot enters its breeding season, the Bob Brown Foundation has told the Federal Court it may apply for a temporary injunction to stop any logging which may impact the species.

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LAWYERS for the Bob Brown Foundation have foreshadowed they are considering filing an interim injunction to stop any logging which may impact the endangered swift parrot as a Federal Court case continues.

Last month, environmentalist Bob Brown launched legal action aimed at ending all native forests logging in Tasmania.

Dr Brown, the former leader of the Australian Greens, commenced the action claiming most of the state’s forestry operations were illegal.

The Bob Brown Foundation filed an appeal against a prohibition notice against forest protests. (L-R) Bob Brown, Roland Browne outside the Magistrates Court, Hobart. Picture: MATT THOMPSON

The lawsuit claimed the Tasmanian Regional Forest Agreement between the state and Commonwealth does not accord with the federal Regional Forest Agreements Act 2002.

Foundation lawyer Roland Browne previously argued the agreements were not legally enforceable and the state government could change legislation and policies without input from the federal government.

In the Federal Court before Justice Duncan Kerr via video link on Wednesday, the Foundation’s barrister Ron Merkel QC said there may be an interim injunction application made to prevent any logging by Sustainable Timber Tasmania while the legal proceedings were underway, which may impact on the swift parrot.
Mr Merkel said the endangered species had just entered its breeding season.

Lawyers for the Commonwealth said they still had concerns about the sufficiency of the Foundation’s allegations and Solicitor-General Michael O’Farrell SC said the state was concerned it still did not understand the whole case.

Bob Brown Foundation supporters are currently camped in rainforests at Que River, in a bid to stop logging by Sustainable Timbers Tasmania. Picture: BOB BROWN FOUNDATION

“The case that has been put against you isn’t that difficult to understand,” Justice Kerr said.

Mr O’Farrell said no matter the outcome of the case, he suspected it would be taken to a higher court.

Justice Kerr granted the Foundation leave to file their amended originating application by Monday and the case will return to court next Friday.