STOP LABORS TOWERS NEWSLETTER – August 8th 2024

Supreme Court Appeal – Day 2 UPDATE and Thank You

A message from Vicki Johnson, Chair of Moorabool and Central Highlands Power Alliance (MCHPA), which trades as the Regional Victorian Power Alliance (RVPA) to represent all those impacted by WRL and VNI West.

“Thank you to our legal team comprising professional legal representatives and key volunteers for all the work they have undertaken to bring this appeal to the Court. No small feat.

Thank you also to everyone in all our communities along both project lines for the many generous donations and the thoroughly enjoyable fundraising events – You have all been crucial to the funding of this fight.

As we know, if allowed to proceed in their current form, the VNI West and WRL projects will have irreversible negative and life changing effects on our communities and our natural environment.

Behind the complexity and depth of the legal arguments are individuals, families and businesses that do not have the capacity to undertake a legal fight such as this.

Thank you to the Legal Team for being our voice.”

On August 7th and 8th I attended our proceedings in the Supreme Court of Appeal in Melbourne.

Key takeaways from the hearing:

  • At the beginning of the appeal on Wednesday 7th we provided to the Court a 3 page outline of our legal argument supporting our case which has two grounds, both of which claim that the Minister acted beyond her powers and in doing so invalidated the February and May 2023 Ministerial Orders.
  • Our barrister Nick Wood SC methodically, clearly and thoroughly worked through our case for approximately 2.25 hours.
  • In response the Minister’s barrister David Batt KC spent approximately 2.5 hours on Wednesday and a further 1 hour on Thursday morning refuting our case.
  • Our barrister Nick Wood SC was given the right of reply, which he did comprehensively over 1 hour, sheeting home our key arguments.
  • Throughout the 1.5 days of the hearing, all 3 appeal judges were very active and engaged with questions, a far superior situation versus our September 2023 four day trial.
  • Our legal team has made a powerful case that we believe gives us a real chance to have these Orders quashed as unlawful.  But, as before, the decision rests with the judges.
  • The judges reserved their decision and, given the complexity of the case, our legal team expects a decision later this year – it is not possible to know when exactly that will be.