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 Spencer wins his day in court 

Spencer wins his day in court

18 Mar, 2010 09:54 AM
HUNGER striking farmer Peter Spencer will finally have his property rights case heard in the High Court following a significant ruling in his favour last week.

Mr Spencer's case will now be heard by a full bench of seven judges in the High Court, despite the Commonwealth arguing the case be dismissed.

The High Court ruled it was in “the interests of all parties” that Mr Spencer's claim against the Commonwealth be referred to the full bench of the High Court for hearing.

A date for the next hearing is still not known.

Mr Spencer has been arguing in the courts for the past three years that under the constitution he should be compensated for a loss of property rights.

Mr Spencer has alleged that the Federal Government worked with State Governments to impose the bans on land clearing so it could meet international agreements on climate change by claiming the carbon locked up in vegetation.

He said the international agreements required more than 88 tonnes of carbon sequestered by Australia, and 87.5 million tonnes of that was found in the 109 million hectares locked up Australian farms for conservation purposes.

After finally winning the right to a hearing before a full bench, Mr Spencer is buoyed by the fact his case will now be heard when many said it wouldn't.

While Mr Spencer is keen to point out this case was not a class action, any victory he might have "would be a victory for all farmers" because of the precedent it would set, he said.

Mr Spencer's barrister Peter King said after the hearing that "the vibes are with Spencer".

Mr Spencer has been touring regional Queensland and NSW for the past month on a property rights speaking tour which he says has attracted hundreds of people to each event.

Mr Spencer says he plans to keep the meetings going right up until the Federal election is held.

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comments


Date: Newest first | Oldest first
This champion of the people deserves the highest honour Australia could give him!
Posted by tigerdicky, 18/03/2010 10:16:20 AM
So true. Not enough Australians stick together. He does need a nomination for Australian of the year. The current person is an absolute dud. Any of the other persons that were given awards on the day would have been much more worthy of the title. Peter Spencer is a remarkable man that deserves all our support.
Posted by High Country Gent, 18/03/2010 10:39:44 AM
I am sure the family of Peter Spencer to which he owes money to wouldn't be saying that! Spencer is using this issue as a smoke screen to worm his way out of his debt to his own family. Land rights is a worthy issue and cause, but putting a hunger striker and a bad payer on a pedistal is so wrong.
Posted by Pete - Upper Murray, 18/03/2010 11:27:03 AM
Upper Murray Pete, if you lost over 90% of your income earning potential how would you go repaying debt to a bank, family or whoever. I don't see how Peter has wormed his way out of his debt as he has lost his property because of losing the ability to earn income off the property because of the native veg laws. You are right, land rights is a worthy issue and cause but without Peter's hunger strike how many would be following the issue. It has taken the hunger strike to draw attention to the appalling situation the native veg laws and their land rights theft can and do lead to. Peter Spencer has been fighting this issue for years but until his hunger strike how many knew or took any notice let alone joined the cause.
Posted by Max, 18/03/2010 2:25:06 PM
It is not for us to judge whether Peter is right or wrong, but the judicial process. All he is aking is for his day in court - and now he's got it! Property rights has been the most contentious issues for farmers - good on him for standing up for his!
Posted by Chris, 19/03/2010 5:22:05 AM
There is merit in the argument that Spencer and his legal team will take to the Court. In fact there is abundant evidence to support the proposition that the Commonwealth colluded with the States to achieve their Kyoto outcome. I suspect however that it will be difficult to split the various arguments put forward by those who supported clearing bans. Remember that the case for the bans was clouded with a raft of biodiversity and degradation issues with Kyoto added to the list. The case may hang on the bi-lateral agreements signed by the States and the Commonwealth before NHT funds were released. Would the States have proceeded to enact the restrictions in the absense of those agreements? Do the areas restricted on Spencer's property meet the definition of Kyoto "Forests"? The latter argument might be interesting for our purposes given that the Australian Greenhouse Office had no idea. Win lose or draw, lets just hope that Spencer and his team flush out the disreputable aspects of this unhappy saga.
Posted by phil_oc, 19/03/2010 6:45:58 AM
Lets hope the High Court hearing judicial finding sets a precedent for farmers property rights that are continually being eroded by Governments.Too bad when world food shortage kicks in, there will be no farmers left on the land. Peter Spencer needs all the support from farmer organisations.
Posted by Angasb, 19/03/2010 7:06:15 AM
Well said, Angasb. Without the rights to sustainably manage and expand farming Australia may lose the opportunity to be a food bowl for Asia and the Sub-Continent. Our rights to manage our land must not be left in the hands of Governments that have sold the farm or can't organize the installation of some insulation. Hopefully the High Court will return some power to the landowner. Peter Spencer's hunger strike has highlighted this issue and we should not let it slip below the radar again. Bringing land rights into the public domain. This has been good for all and has raised the urbanites understanding of Land Rights beyond that of natives demanding compensation, miners seeking approvals or governments setting aside park areas...Well done Peter!
Posted by agribiz, 19/03/2010 8:04:06 AM
Professor Ian Noble, and others from the Australian Greenhouse Office, met with PM Howard in the mid-2000s for the express purpose of informing him that the easiest way to comply with their Kyoto targets was to ban clearing. Subsequently, then Environment Minister, Kemp (unprintable) wrote to both Beattie and Carr urging them to take appropriate action. In both instances, the representations made to the voting public by both green activists and, by omission of corrections, departmental officers, amounted to gross misrepresentation of the facts in respect of the character, scale, intensity and significance of land clearing. Peter Spencer is correct in stating that his action is not a class action. But do not believe for a single moment that the meter is not ticking on one.
Posted by Ian Mott, 19/03/2010 8:06:44 AM
Personally I think he's whistling in the wind. Justice has always been something of a lucky dip for minority groups. But; you never know!
Posted by Qlander, 19/03/2010 9:26:01 AM
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