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Apolloz

2,095 Posts.

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15/08/24

21:07

Post #: 75228353
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Originally posted by Hoodlum: ↑

This is my contribution to the discussions and some confusion.

On a broader level, we are seeing the seperation of powers, manifest.

Our Judicial system has the jurisdiction to make decisions and orders regarding Government decisions. These are called " reviewable" decisions.

In the this case, a civil matter, Asset energy is the "Applicant". The decision makers are the "Respondent".

The court only has the jursidication to review the process of decision making, and make orders relating.

Justice Jackson does not have the jurisdiction to make a decision on the permit, only on the process.

I still hold firm that the parties will be endcouraged to mediate. Mediation cannot be ordered, just recommended.

However, a party who refuses to mediate, will be seen as hostile and when the hearing is held, will adversely affect their prospects. In the event of an order being amde against the party who refused to mediate, other considerations such as costs will be decided in the other parties favour.

The respondent, the Government, will, most likely enter into mediation and the applicant, Asset, will make a reasonable request of a decision being made with, say. 45 days !!!

No decision up until now, is, a decision.

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agree with all u say but the scenario painted by mode1971 is a never ending court case if the govt decide to do nothing and he seems to think no one can force them.

if that is the outcome of any litigation with the govt in Oz then we might as well give up any challenges to govt decisions and acknowledge them as Tyrants!

BPH Price at posting: 2.3¢ Sentiment: Buy Disclosure: Held
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