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Day 11 - MyEnvironment v VicForests Transcript Tuesday 21 02 2012

The final day of the Supreme Court hearing of My Environment -v- VicForests opened with the continuing concluding statement by Ms Walker on behalf of the Plaintiff. Onlookers in the gallery were awed by the systematic and detailed approach with which Kristen delineated and connected the main features of the the case.  As occurred during VicForests' submissions yesterday Justice Osborn interceded several times to highlight particular issues on which he sought assistance.

After lunch the Plaintiff's submissions were completed and Justice Osborn flagged that when he comes to consider relief he might need to hear further from the parties. However, in the first instance he must grapple with his findings.

On completion of the Plaintiff's submissions, Mr Waller made a very brief reply. Justice Osborn then succinctly encapsulated the questions at the centre of the case. In defining Zone 1A Leadbeater's habitat, is VicForests obliged to count all Hollow-bearing Trees or not? What were VicForests meant to look for? He observed that the prescription is not free from difficulty.

In wrapping up the case, his honour noted that there is substantial public interest in the issue and that he had been assisted by being provided with very full submissions; finally, he would need time to consider.

The hearing was adjourned, Sine die (i.e. without a date set to resume).

Now all we can do is wait to be called back and we have no real estimates of when that might be. It is likely to be no less than a month but could be a few, or several! When we are called notice is likely to be short, only a day or two, so keep watching your emails for news.