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Case resolved in Shepparton Magistrate's Court - Saturday, October 13, 2007
After pleading guilty to two of the seven charges the magistrate applied a 12-month good behaviour bond and on the basis of the evidence presented applied no fine, no conviction and no costs. 

Charged for forest protest - Thursday, March 16, 2006
Charged on summons in the Magistrates Court with seven charges under four Acts in relation to a forest protest action on 13-Feb-2006 at Iron Pipe logging coupe. Link shows images of action. read more ...

Filed a Claim in Supreme Court against Secretary of DSE - Thursday, December 21, 2006
Filed claim in Supreme Court (no. 10546 of 2006) against Secretary of DSE seeking declaration that the decision to make a safety zone was unlawful because the decision to approve harvesting was unlawful, beyond power or contrary to Code of Forest Practices. 

Case discussed on Radio National Law Report - Tuesday, February 20, 2007
This case was mentioned in an episode of the ABC's Radio National Law Report.

Transcript extract:
Damien Carrick: I understand in Victoria we have something called the Safety and Public Land Act. What is that, and how does this -- and I understand that it is possible that this Federal Court decision, this Wielangta Forest Federal Court decision, might have some impact on the way that this piece of legislation can operate.

Vanessa Bleyer: In Victoria, the Safety on Public Land Act is actually being challenged at the moment. What happens under that Act is that the government in Victoria decides what areas to exclude the public from, and they are always areas that are logging coupes.

Damien Carrick: It's a piece of legislation designed to keep demonstrators away from logging coops.

Vanessa Bleyer: Yes, and to conduct logging behind closed doors. Now one individual that was criminally charged last year, he has actually challenged the decision to declare the zone, and he's challenged that in the Supreme Court. He's saying that because the logging operation was unlawful, because it was logging Leadbeater's Possum habitat, that their decision to exclude the public should never have been made. What's happening as a result of that is, that not one individual is being brought before the court to face their criminal charges for protesting against logging until the outcome of that Supreme Court decision which could take a number of years. read more ...

Defence from Secretary of DSE filed in Supreme Court - Wednesday, February 21, 2007
The Secretary of the DSE files their Defence (No. 10546 of 2006) in response to claims of 21st Dec 2006 in the Supreme Court. 

Secretary of DSE seeks to have case dismissed - Wednesday, March 28, 2007
The Secretary of the DSE has sought to have the case dismissed at a hearing set down in April. 

Amended Statement of Claim filed - Friday, March 23, 2007
Claim against Secretary of DSE amended and filed. 

Defence to Amended Statement of Claim received from Secretary to the DSE - Sunday, April 15, 2007
The Defence to the Amended Statement of Claim was filed in the Supreme Court by the Victorian Government Solicitor's office on 11th April 2007. 

Hearing on Standing before Supreme Court Master - Tuesday, April 24, 2007
On Tuesday 24th April at a hearing before a Master of the Supreme Court the question of Standing was directed to be heard before a Judge and was listed for the 5th June. 

Hearing held in Supreme Court - Thursday, June 07, 2007
On 7 June 2007 in the Supreme Court of Victoria before Justice Harper the legal teams representing myself and the Secretary of the Department of Sustainability presented arguments as to my standing (legal basis) for seeking that the Secretary reverse the decision to declare the safety zone around the timber harvesting operation. Proceedings lasted from 1000 to 1500 and judgement was reserved.  

Supreme Court action struck out with costs not sought - Thursday, June 14, 2007
On 14th June 2007 Justice Harper handed down his finding, which went against me. Justice Harper did not support my claim to have the Secretary of the Department and Sustainability and Environment reverse his declaration of the Safety Zone (breaches of which I face three charges for), as he found it unnecessary that the purpose for which a Safety Zone is declared be lawful. The consequence of this is that for these three charges I will not be able to employ the defence of having acted against an unlawful act, as the the lawfullness or otherwise will not be tested. The Secretary's defence did not seek costs against me. read more ...

Magistrates Court hearing 9th Oct - Thursday, September 20, 2007
The case has been listed for hearing on 9th Oct 2007. 

Copyright 2008 by Alex Thomas