Day 2

The Possums’ Case – Court Diary June 2019

Day 2: Tuesday June 4, 2019

We had another good day today as the case continues to unfold. The morning began with Mr Delany completing our opening statement by summarising our reply to VicForests’ defence. He started by pointing out the moral dimension of claiming the Court can’t reach a conclusion regarding VicForests unformed plans, while declaring they don’t know and they never tell what they intend to do! He pointed out some of the similarities of our case with MyEnvironment -v- VicForests 2012, which many of us still remember very well, but more crucially the important differences. Justice Mortimer observed there is nothing to indicate VicForests intends to use less intense methods [than clear felling] as it intends to defend its practice. Mr Delany ended with further discussion of the Precautionary Principle and completed his statement in 30 minutes.

The rest of the day was occupied with Mr Waller summarising VicForests’ defence. He foreshadowed detailed consideration of the Allocation Orders, Timber Release Plans (TRPs), the recommendations from the Leadbeatear’s Possum Advisory Group and the regulations with which VicForests is required to comply. Justice Mortimer interjected frequently, seeking further clarification which Mr Waller was not always able to provide. Mt Waller will complete his Statement tomorrow and expects to take around an hour. After that we shall begin to hear evidence from witnesses beginning with Mr Mueck (Biosis) for FLbP then Mr Paul for VicForests.

After Court tomorrow we shall gather at the Metropolitan for a debrief over drinks with Brendan from EJA (4:30 – 6:00pm); you’re welcome to join us even if you can’t get to Court during the day.

The Court has a dedicated website for the case. Documents will be added as the case proceeds.
Court documents: https://www.fedcourt.gov.au/services/access-to-files-and-transcripts/online-files/friends-of-leadbeaters-possum-v-vicforests

You are welcome to join us in Court and we will be glad to see you – Level 8 Court B. Proceedings begin daily at 10:15am; allow time to get through security. The court building is next to Flagstaff Station, so very easy to access.

Our final fundraiser is under way, to meet the expenses of presenting our powerful expert evidence and to cover Court and legal costs. Thanks to all those who have already helped us to get this far – we couldn’t have done it without you! Give generously here: https://chuffed.org/project/possums-case

Thanks again for your interest and the many messages of support.

Thanks to Karena for today’s pic!

flbp-court-case-2019-day2-exit
Day 2 down – Steve and Danya take to the afternoon air

Previous: Day 1

Next: Day 3

Court Case: Table of Contents

Court Case: Introduction November 2017