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.