NSW Taking the Federal Gov to court

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Jeffm

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16 June 2018
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Is it possible for an Australian citizen to take the Federal Govt to the Federal or High Court for failing in its duty to the Australian people in regard to security of supply of a public utility?
 

Tim W

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28 April 2014
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What are you actually talking about?
 

Rob Legat - SBPL

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16 February 2017
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The next question is what public utility. Most public utilities are provided by state or local governments, or government owned corporations.
 

Jeffm

Active Member
16 June 2018
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What are you actually talking about?
I believe the electricity supply in Australia is going to be compromised because of lack of action by the federal govt. Namely, new coal-fired power stations not being built and compulsorily acquiring Liddel power station to keep supply sufficient for the needs of the public and industry.
 

Jeffm

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16 June 2018
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They had no problem in paying the state's hundreds of millions to take over the Snowy power and start building Snowy 2
 

DMLegal

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28 May 2018
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What would you want to gain by taking them to Court? What loss have you suffered? Also, your statement '...is going to be compromised...' essentially ruins it for you. Most of the time, aside from anticipatory breach of a contract, you cannot sue because something might happen.
 
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Rob Legat - SBPL

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The short answer is: no. The long answer with full reasoning is not going to be given here and, to be honest, I don't have the time or inclination to search it all through.

The practical answer is still no, because if nothing else:

- You can't sue someone for a possible future event. Your belief that something is going to happen is not sufficient.

- Even if the 'federal government' was the appropriate respondent there are different arms to it. The executive (i.e. the bureaucrats)? They're just doing what the elected officials tell them to do. The legislative (i.e. the House of Representatives, and/or the Senate)? They've got parliamentary privilege. If the parliament votes to/to no build new coal fired power stations, those decisions are outside the powers of the courts to question.
 

DMLegal

Well-Known Member
28 May 2018
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Come on Rob, give us the full reasoning ;);) This question takes me back to Constitutional Law and Tasmanian Dams v Commonwealth....oh the memories....