Director-General, Department of Environment and Climate Change v Walker Corporation Pty Limited (No 4)

Walker Corporation Pty Limited was found guilty of contravening environmental protection laws and faced a fine in the Federal Court. The Director-General, Department of Environment and Climate Change brought the case against Walker for breaches of the Environment Protection and Biodiversity Conservation Act 1999. The case was heard by Justice Bromberg, who was tasked with determining the appropriate penalty for Walker's breaches and the associated costs.

The court had to consider the seriousness of Walker's breaches, the impact on the environment, and the culpability of the company. The Director-General argued that the breaches were serious and deliberate, while Walker contended that the breaches were not intentional and that they had taken steps to rectify the situation. The court needed to balance these arguments and decide on a penalty that would serve as a deterrent while also being proportionate to the offence.

Justice Bromberg found that Walker's breaches were serious and deliberate, and that the company had not taken sufficient steps to prevent future breaches. The court considered the environmental impact of the breaches, the company's history of compliance, and the culpability of the individuals involved in making the decision to breach the law. Ultimately, the court determined that a fine of $200,000 was appropriate, along with an order for Walker to pay the prosecutor's costs. The court also ordered that the exhibits be returned to Walker.