Maller v Australia Pacific LNG CSG Transmissions Pty Ltd
[2022] QLC 12
•6 September 2022
LAND COURT OF QUEENSLAND
CITATION: Maller & Anor v Australia Pacific LNG CSG Transmissions Pty Ltd & Ors [2022] QLC 12 PARTIES: Selwyn Richard Maller
(applicant)Jocelyn Therese Maller
(applicant)v Australia Pacific LNG CSG Transmissions Pty Limited ACN 138 156 466
(first respondent)Origin Energy Upstream Operator Pty Limited ACN 105 423 532
(second respondent)Australia Pacific LNG Limited ACN 001 464 331
(third respondent)FILE NO: MER084-21 DIVISION: General PROCEEDING: General application DELIVERED ON: 6 September 2022 DELIVERED AT: Brisbane HEARD ON: 25 August 2022 HEARD AT: Toowoomba MEMBER: PG Stilgoe OAM ORDER: 1. Orders as per amended draft attached. CATCHWORDS: PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DISCOVERY AND INTERROGATORIES – whether rules 13 and 14 of the Land Court Rules 2022 should be interpreted so that a party must seek the Court’s leave to issue a notice of non-party disclosure – where the Court found there was no right to be heard in an application for non-party disclosure – application of the Uniform Civil Procedure Rules 1999
Land Court Rules 2022 r 3, r 4, r 13, r 14
Uniform Civil Procedure Rules 1999 r 5, Chapter 7Lebon v Lake Placid Resort Pty Ltd [1995] 1 Qd R 24, applied
APPEARANCES: R Traves QC, with K McIntyre (instructed by Hede Byrne & Hall Pty Ltd) for the applicant
DG Clothier QC, with J Penrose (instructed by Clayton Utz) for the respondents
Selwyn and Jocelyn Maller claim that one of the respondents introduced parthenium onto their property at 1869 Cattle Creek Road, Wallumbilla North. They claim that the presence of parthenium has caused them loss for which they want compensation.
How, when and by whom parthenium was introduced is, of course, at the centre of this case and the parties have been engaged in extensive debates about disclosure of documents relating to those issues for over a year. In the intervening period, new Land Court Rules have been issued.
When this matter came before me, there was only one issue for determination: does a party to a Land Court proceeding need the Court’s leave to seek third party disclosure? The respondents submit that the restricted nature of rules 13 and 14 of the Land Court Rules 2022 require leave. The Mallers submit that the Uniform Civil Procedure Rules 1999 (the uniform rules) apply and that leave is not required.
What do the Land Court Rules say?
Rule 3(1) states that if the rules, an order or a direction do not provide for a matter in relation to a proceeding in the Court and the uniform rules provide for the matter, the uniform rules apply in relation to the matter with necessary changes.
Rule 4, as far as it is relevant, states:
The main purposes of these rules are—
(a) to ensure that when the court performs a function under an Act, including applying these rules, the court—(i) facilitates the just and quick resolution of the issues in a proceeding; and
(ii) avoids undue delay, expense and technicality in a proceeding; and
(b) to ensure that a party to a proceeding undertakes to the court and to each other party to the proceeding to—
(i) participate in the proceeding in an expeditious way;
Rule 13 states that a party must not apply for an order for disclosure unless the making of the order is in accordance with the main purposes of these rules.
Rule 14 states that:
(1) A party may apply to the court for an order for disclosure by another party to the proceeding.
(2) The application must state the proposed scope of the disclosure.
(3) If the court makes an order for disclosure by a party, the party must disclose documents in accordance with the order.
(4) Nothing in this rule prevents the parties to a proceeding agreeing at any time to disclose documents to each other by consent.
What do the uniform rules say?
Rule 5 states
(1) The purpose of these rules is to facilitate the just and expeditious resolution of the real issues in civil proceedings at a minimum of expense.
(2) Accordingly, these rules are to be applied by the courts with the objective of avoiding undue delay, expense and technicality and facilitating the purpose of these rules.
(3) In a proceeding in a court, a party impliedly undertakes to the court and to the other parties to proceed in an expeditious way.
(4) The court may impose appropriate sanctions if a party does not comply with these rules or an order of the court.
Chapter 7 of the uniform rules deals with disclosure. A party has a duty to disclose each document in its possession or control that is directly relevant to an allegation in issue in the pleadings.[1] The duty continues until the proceeding is decided.[2] There are documents to which the duty of disclosure does not apply,[3] and a party can claim privilege.[4] The uniform rules set out how disclosure is performed.[5] A party can apply to the Court for an order about disclosure.[6]
[1]Uniform Civil Procedure Rules (UCPR) r 211(1).
[2]Ibid r 211(2).
[3]Ibid r 212.
[4]Ibid r 213.
[5]Ibid rr 214 – 217.
[6]Ibid r 223.
Chapter 7 Division 3 – rr 242 to 249 – is headed “non-party disclosure”. A party wanting non-party disclosure must first serve a notice requiring a person to produce a document that is directly relevant to the proceeding and in that person's possession or control.[7] That person may object to production of the document.[8] The party wanting disclosure may apply to the Court for an order about the objection,[9] and the Court may make any order it considers appropriate. The party wanting the document must pay the reasonable costs and expenses of the person producing that document.[10]
Should rules 13 and 14 be interpreted so that a party must seek the Court’s leave to issue a notice of third-party disclosure?
[7]Ibid r 242.
[8]Ibid r 245.
[9]Ibid r 247.
[10]Ibid r 249.
The short answer is no.
Rules 13 and 14 displace the operation of the uniform rules, in only one respect. Under both the Land Court Rules and the uniform rules, disclosure between parties should be targeted and conducted efficiently, without undue delay, expense, and technicality. Under both rules, the parties can apply to the Court for an order about disclosure. The difference is that, in the Land Court, there is no right to disclosure (and no duty to disclose) if the parties cannot agree. I note that the parties in this case have agreed on a wide ranging, lengthy, and expensive disclosure regime, so the Court’s intervention was not required.
The Chapter 7 regime for non-party disclosure follows a similar pattern.[11] If the relevant people can agree on the production of documents, there is no need for the Court to be involved. If the relevant people cannot agree, the Court can make an order. As I have already identified, Rule 5 states that the purpose of the rules is to facilitate the just and expeditious resolution of the real issues in proceedings at a minimum of expense and for the Court and the parties to proceed in an expeditious way.
[11]Ibid Chapter 7 Division 3.
As Lee J pointed out,[12] the current non-party disclosure regime was designed to reduce the cost and delay of litigation. Interpreting rules 13 and 14 as first requiring an application to the Court would be contrary to that intent, contrary to Rule 4 of the Land Court Rules and contrary to Rule 5 of the uniform rules.
[12]Lebon v Lake Placid Resort Pty Ltd [1995] 1 Qd R 24 30.
There is one more reason why the respondents’ submission should be rejected. It has never been part of the non-party disclosure regime that the opposite party should have a right to be heard in an application for non-party disclosure.[13] I can see no reason why this Court should allow a right to be heard where none otherwise exists. Senior Counsel for the respondents did not have instructions to consent to an order that any application for non-party disclosure could be made ex parte, stating that the respondents would probably be aware of the requests as the potential recipients of non-party disclosure notices were known to the respondents.[14] That submission gives me no comfort that the respondents would not want to intervene in any application, thereby increasing the expense of litigation.
[13]For a discussion on the development of non-party disclosure, see Lee J supra.
[14]T1-13, line 38 to T1-14, line 39.
Orders
1.Orders as per amended draft attached.
IN THE LAND COURT
OF QUEENSLAND
MER084-21
BETWEEN
Selwyn Richard Maller and Jocelyn Therese Maller
Applicants
AND
Australia Pacific LNG CSG Transmission Pty Limited
Origin Energy Upstream Operator Pty Limited
Australia Pacific LNG Pty Limited
Respondents
Before Member PG Stilgoe OAM
BRISBANE
The Sixth Day of September 2022
The Court ORDERS that:
This matter proceed as a digital case in accordance with the Land Court Practice Direction “Digital Procedures in the Land Court”, no. 5 of 2020 (Practice Direction 5/2020).
The hearing in this matter proceed by way of eTrial in accordance with Practice Direction 5/2020.
The parties will provide disclosure in accordance with the provisions of the Document Plan in the attached Attachment A, by Tuesday 31 January 2023.
Liberty to apply.
Costs reserved.
By the Court
Registrar
ATTACHMENT A
LAND COURT OF QUEENSLAND
REGISTRY: BRISBANE
NUMBER: MER084-21
First Applicant: SELWYN RICHARD MALLER
AND
Second Applicant: SELWYN RICHARD MALLER & JOCELYN THERESE MALLER
AND
First Respondent: AUSTRALIA PACIFIC LNG CSG TRANSMISSIONS PTY LTD (ACN 138 156 466)
AND
Second Respondent: ORIGIN ENERGY UPSTREAM OPERATOR PTY LIMITED (ACN 105 423 532)
AND
Third Respondent: AUSTRALIA PACIFIC LNG PTY LIMITED (ACN 001 646 331)
DOCUMENT PLAN
Relief from Disclosure
- For the avoidance of doubt, the parties are relieved of any duty of disclosure pursuant to rule 224 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) except to the extent set out in this Document Plan or until further order of the Court.
Preservation of documents
- The parties will take reasonable steps to ensure all documents, which are potentially disclosable, are stored securely and preserved in their original format.
Document management protocol
- The document management protocol will be in accordance with the schedule in Annexure 1 and otherwise in compliance with Land Court’s Practice Direction 5/2020 “Digital Procedures in the Land Court” (the Protocol).
4. The Document IDs will be for the documents of the:
- First & Second Applicants – “APP”;
- First, Second and Third Respondent – “RES”;
5. Further:
- the term ‘document’ used in this Document Plan has the meaning given to that term by the Evidence Act 1977 (Qld);
- disclosed documents will be delivered as electronic files, using their Document ID as the filename, together with a list prepared in accordance with the agreed Protocol;
- disclosed electronic documents will be exchanged in their original native format as full text searchable, multi-page PDF files;
- disclosed hard copy documents will be exchanged as full text searchable, multi-page PDF files;
- Electronic documents that do not lend themselves to conversion to PDF (for example complex spreadsheets, databases, software installer and data files including GIS, Stockbook and Phoenix) will be exchanged or delivered between the parties as native electronic documents or in another format agreed by the parties and the Court.
- Every document that is attached to or embedded within another document is called an Attached Document. A document that contains at least one attached document will be called a Host Document.
- The parties will ensure that false or unnecessary relationships between Host Documents and Attached Documents is not created by:
i.Taking reasonable steps to ensure that email footers, logos and other repeated content are not separated as Attached Documents.
ii.Ensuring that physical or digital document containers such as hard copy folders or electronic ZIP container files, are not identified as Host Documents, unless the identification of the container as a Host Document is necessary to the understanding of the documents within that container.
- Unless required to provide documents in their native structure for technical reasons, documents should be extracted from their containers and the container itself should not be produced.
- Reasonable steps will be taken to identify and remove duplicate electronic documents before exchange, with duplication being considered at a document group level (i.e. host and attachment/s) rather than at an individual level, using # to identify duplicates;
- Court documents will be exchanged as full text searchable, multi-page PDF files; and
- Disclosed documents provided to the Court in an eTrial will be named using their Document ID and provided as full text searchable, multi-page PDF files and updated in accordance with the Document Metadata Spreadsheet in Appendix B of the Land Court’s Practice Direction “Digital Procedures in the Land Court” number 5 of 2020.
- Documents which would otherwise be captured by Annexure B but have already been exchanged between the parties since the beginning of these proceedings will not be required to be disclosed.
- In addition to the parties’ disclosure obligations referred to in this plan:
i.The Respondent will provide the Applicants a map (and shapefiles) of all currently built infrastructure in the Steer Paddock as well as, although now plugged and abandoned, the previous locations of the as built Muggleton #8 and Pine Hills #9 wells.
ii.The Applicants will provide the Respondents with a map (and shapefiles) which shows at least the following features:
A.the site boundaries;
B.the locations of access tracks within Glenora Downs;
C.the locations of farming assets;
D.the locations of the Respondents’ assets;
E.the locations of the points of ingress and egress on the site boundaries.
Documents referred to in Statements of Facts, Matters and Contentions
- Each party will deliver copies of the documents referred to in its statements of facts, matters and contentions, Response and Reply as particularised (as they are from time to time, together “the Pleadings”) in accordance with the agreed Protocol within ten business days of a request being made by the other party.
Scope of Disclosure
- After conducting reasonable searches:
a.the parties’ disclosure will be limited to the disclosure of documents within the parties’ respective control or possession that are directly relevant to the allegations in issue in the proceeding;
b.until further agreement by the parties or an order of the Court, documents referred to in paragraph 7a are those in Annexure 2 that are directly relevant to the allegations in issue in the proceeding.
.
Reasonable Searches
- Reasonable searches include searching for hard copy and electronic documents in the possession or control of the parties.
Confidentiality Regime
- The parties must deliver the documents disclosed in an unredacted form, subject to:
- a valid claim of legal professional privilege;
- the redaction of Tax File Numbers; and
- the redaction of any monetary amounts in documents to be disclosed by the parties that are not directly relevant to the issues in dispute.
- With respect to documents disclosed in accordance with this Document Plan:
- in which a claim of commercial in confidence is made; or
- that are documents identifying detections of parthenium on properties other than that owned by the Applicants,
those documents must not be disclosed to any person other than:
- Any solicitor or barrister acting in that capacity acting on behalf of the parties in this proceeding
- A secretary or administrative assistance of a person identified in 10.c, who is instructed to undertake secretarial or administrative work for the purpose of the proceeding;
- Any other person as determined by the Court or as agreed by the parties in writing.
Supplementary Disclosure
- A party intending to request additional disclosure will submit to the other parties, within an agreed timeframe or by a time directed by the Court, a request to produce documents.
- A request to produce will contain a:
- Description:
i.of each requested document sufficient to identify it; or
ii.in sufficient detail (including subject matter) of a narrow and specific requested documents, class, category or types of document reasonably believed to exist; and
- Short statement as to how the document/s requested are directly relevant to the case and material to its outcome; and
- Confirmation the documents requested are not in the possession or control of the requesting party; and
- Short statement of the reasons why the requesting party assumes the documents requested are in the possession or control of the other party.
- Within 14 days of receipt of a request or such other agreed timeframe, or by a time directed by the Court, a party to whom the request to produce is addressed, will produce the documents requested which are in that party’s possession or control, and as to which it makes no objection.
14. If the party to whom the request to produce is addressed has an objection to producing some, or all, of the documents requested, or the timeframe for production, it shall state the objection in writing to the other party within 14 days (or such other agreed timeframe), or by a time directed by the Court. The reasons for such objection may be a failure to satisfy the requirements of paragraph 12 herein or for any of the following reasons:
a. with respect to the timeframe for production, the reasonableness of the timeframe, including because of the type or number of documents requested;
b. Lack of sufficient relevance to the case or materiality to its outcome;
c. The likely time, cost and inconvenience involved in locating, reviewing and disclosing the documents, class, category or types of documents is disproportionate in the circumstances;
d. The relative importance of the issue to which the documents, class, category or types of documents, relate;
e. The probable effect on the outcome of the proceeding of disclosing or not disclosing the documents, class, category or types of documents;
f. The loss or destruction of the documents, with such loss or destruction to have been shown with reasonable likelihood to have occurred;
g. Privilege;
h. The documents are not reasonably necessary to enable the Court to decide the issue to which the documents relate;
i. There is another reasonably simple and inexpensive way of proving the matter to which the documents relate, including an admission by the party making the objection and the terms of the proposed admission; and
- Any other sufficient reason as to why the production of the documents is not required to facilitate the just and expeditious resolution of the real issues in the proceeding at a minimum of expense.
- Upon receipt of such objection, the parties will confer with a view to resolving the objection.
Resolution of Disputes
- The parties agree that for any dispute about the conduct of reasonable searches, the provision of documents, or the need for additional documents, the party seeking action will send a letter to the other party specifying the matter in dispute and the action that is requested (Dispute Notice).
- The party receiving the Dispute Notice, will respond to it within 7 days (Dispute Response).
- The parties agree that if there is still a dispute between the parties after a Dispute Response is issued, the matter is to be referred to the Court for resolution, and the issues for determination are to be limited to the matters specified in the relevant Dispute Notice and Dispute Response.
Annexure 1 - List of Disclosed Documents
| Document ID | Document Category | Document Type | Title** | # Author (Surname Initials) | #Author Organisation | #Recipient (if any) | #Recipient Organisation (if any) | Date |
**Optional field
#If multiple parties separate with a semicolon “;”
Annexure 2
DOCUMENTS FOR DISCLOSURE
Phases
Phase 1 Preliminary activities prior to the construction of the Camp Site, Muggleton #8 well and Pine Hills #9 well (Preliminary Activities)
Phase 2 Construction and rehabilitation of the Camp Site, Muggleton #8 well and Pine Hills #9 well in 2010/2011 and subsequent monitoring and rehabilitation (Construction Activities)
Phase 3 Preliminary activities prior to the construction of the Eurombah Pipeline (prior to October 2013) (Preliminary Activities)
Phase 4 Construction and rehabilitation of the Eurombah Pipeline including subsequent operations and monitoring (October 2013 - present) (Construction Activities)
Phase 5 Preliminary activities for the Taloona to Reedy Creek Water Pipeline (2014) (Preliminary Activities)
Phase 6 Preliminary activities for the gas field development including the gathering network (January 2015 to November 2017) (Preliminary Activities)
Phase 7 Construction of the gas field including the gathering network in 2018 / 2019 and its subsequent operation and monitoring (Construction Activities)
Documents to be disclosed by the Respondents
Preliminary activities
For each of Phases 1, 3, 5 and 6:
(a)Petroleum Tenements applicable to the preliminary activities conducted by, for, and on behalf of the Respondents in the Steer Paddock and AT008.
(aa)Documents directly relevant to the timing, activity conducted pursuant to, and the location of the entries of the Steer Paddock and/or AT008 alleged to have been made by, or on behalf of, the Respondents which are pleaded in paragraphs 2, 3, 4, 6, 7, 17 - 22, and 23 of Annexure E to the Applicants Amended Statement of Facts, Matters and Contentions, and notices of entry pleaded in paragraphs 47B, 47C and 53 of the Respondents’ Amended Response.
(b)Entry notices or similar documents for Lot 67 on VW618 including the Steer Paddock and AT008 (including Pine Hills #9) and Muggleton #8, including notices of entry, written permissions and consents to enter and any waivers of entry notices.
(c)Conduct and Compensation Agreements (including variations) and deferral agreements relating to preliminary activities in the Steer Paddock, AT008 and Muggleton #8 and Pine Hills #9.
(d)Contracts with agents and contractors pertaining to activities conducted in the Steer Paddock and AT008 on behalf of the Respondents.
(e)Pre-clearance reports and similar documents (including Collector application records, GIS records with weed layers and other like records reporting the initial detection of any parthenium) for proposed infrastructure for the Respondents' activities on Glenora Downs, including reports pertaining to the survey, investigation, inspection with respect to flora, weed, baseline photo monitoring and soil assessment.
(f)Weed management plans and policies and environmental management plans and policies containing weed management arrangements governing the activities conducted by, and for the Respondents in the Steer Paddock and AT008, including audit reports, training plans and policies with respect to the implementation of, and compliance with, such weed management plans and policies.
(g)In-Vehicle Monitoring System records pertaining to the activities by, and for, the Respondents' within Glenora Downs.
Construction activities
For each of Phases 2, 4, and 7:
(h)Petroleum Tenements applicable to the construction activities conducted by the Respondents in the Steer Paddock.
(i)Conduct and Compensation Agreements (including variations) and easements.
(j)Construction contracts pertaining to activities conducted within the Steer Paddock including the use of AT008 on behalf of the Respondents.
(k)Final construction schedules pertaining to activities conducted within the Steer Paddock including the use of AT008 on behalf of the Respondents.
(l)Contractor progress reports pertaining to activities conducted within the Steer Paddock including the use of AT008 on behalf of the Respondents.
(m)Post-construction monitoring, maintenance, defect rectification and rehabilitation reports (including Collector application records, GIS records with weed layers and other like records reporting the initial detection of any parthenium) pertaining to activities conducted within the Steer Paddock including the use of AT008 by the Respondents.
(n)Weed management plans and policies and environmental management plans and policies containing weed management arrangements governing the activities conducted by, and for the Respondents in the Steer Paddock and AT008, including audit reports and training plans and policies with respect to the implementation of, and compliance with, such weed management plans and policies (excluding documents referred to in (p) below).
(o)In-Vehicle Monitoring System records pertaining to the activities by, and for, the Respondents' on or over Glenora Downs.
(p)On and from the first detection of parthenium in the Steer Paddock, documents and correspondence exchanged between the Respondents (including their contractors) and the Applicants, and correspondence exchanged between the parties and their respective agents and contractors with respect to:
(i)detections and management of parthenium on Glenora Downs;
(ii)whether activities could or could not be conducted by, for, and on behalf of the Respondents in the Steer Paddock and AT008;
(iii)whether such activities were conducted;
(iv)specific parthenium weed management plans agreed between the Respondents (including their contractors and agents) and the Applicants;
(v)any alleged breaches of such specific management plans.
(q)Documents directly evidencing the parties’ entry into the April Agreement alleged in the Respondents’ Amended Response and entry into the Quarantine and Further Quarantine alleged in the Applicants’ Amended Statement.
Payment Directions
(r)Documents evidencing directions by the applicants in relation to payment by the Respondents to the Applicants under the 2010 CCAs and the 2013 CCA.
Parthenium Detections Outside of Glenora Downs
These types of documents relate to the locations referred to in paragraph 159 of the Respondents' Amended Statement of Facts, Matters and Contentions filed 8 April 2022 as well as other properties located with respect to the area circled in Annexure 3 where parthenium has been located (Parthenium Locations).
(s)Weed survey reports (including Collector application records, Complaint records maintained in accordance with the Integrated Gas Community Feedback and Complaints Management Procedure identified at WLMC-6 at p. 4 [pdf p. 5] paragraph [5.6] of the Affidavit of Waanda McCarthy sworn 24 August 2022, GIS records with weed layers and other like records reporting the initial detection of any parthenium) regarding detection of parthenium from the time of the first detection of parthenium at the Parthenium Locations.
(t)Parthenium weed management plans and policies applicable to the Respondents' activities at the Parthenium Locations since the parthenium was first located on such properties, including audit reports and training plans and policies with respect to the implementation of, and compliance with, such weed management plans and policies.
IVMS records with respect to interaction between Parthenium Locations and Glenora Downs
(u)In-Vehicle Monitoring System records pertaining to any interaction between vehicles or machinery that travelled whether directly or indirectly from, on or over, a Parthenium Location and at any later time travelled to the Steer Paddock until 24 April 2018.
Maps
(v)The maps (and shapefiles) referred to in paragraph [60] of the Affidavit of Ms McCarthy filed 18 July 2022 (see pages 16 – 18 thereof).
High Risk Detections
(w)declarations with respect to high risk materials, and high risk loads introduced to the Steer Paddock and AT008.
Documents to be disclosed by the Applicants
The Applicants' types of documents referred to below are in respect to the following four broad issues in dispute:
(a)the capacity in which the Applicants entered the 2010 CCAs and the 2013 CCA from July 2010 to December 2013 (Partnership Issue);
(b)the Applicants’ activities on Glenora Downs from and including 2008 to present (Applicants’ Activities);
(c)the reasonableness of the Applicants’ parthenium management decision from October 2019 to present (Parthenium Management Decisions); and
(d)Quantum of the Applicants’ claims (Quantum).
Partnership Issue
(a)Tax returns, bank statements and financial statements;
(b)Documents evidencing the formation and existence of the partnership;
(c)Documents relevant to the negotiation of the CCAs between the parties and documents evidencing directions by the applicants in relation to payment by the respondents to the applicants under the 2010 CCAs and 2013 CCA;
(d)Documents directly relevant to the partnership in the context of the 2010 CCAs and the 2013 CCA
Applicants' Activities
(e)Documents evidencing the Applicants' activities on Glenora Downs from 2008 onwards:
(i)Land assessments, valuations, surveys recording whether parthenium was detected on Glenora Downs or any other properties owned or operated by the Applicants or in which the Applicants conduct activities;
(ii)Parthenium management practices (identification, survey, treatment, quarantine, management) on Glenora Downs or any other properties owned or operated by the Applicants or in which the Applicants conduct activities:
A.Surveys and maps, including digital or GIS mapping files (for example shape files);
B.Monitoring registers and reports;
C.Diary entries, photographs and videos;
D.Correspondence between the parties;
E.Rainfall records;
(iii)Vehicles and equipment used on the Steer Paddock (including AT008) by the applicants and their agents, contractors, subcontractors and invitees including the Respondents, their agents, contractors and invitees (Associates):
A.Identification of vehicles and equipment used on the Steer Paddock;
B.Identification of route taken, area of travel or operation and entry and exit points;
C.Photographs, videos, diary notes, correspondence between the parties;
(iv)Uses of the Steer Paddock (including AT008) by the applicants and their Associates:
A.Associates who entered the Steer Paddock;
B.Materials (seed, livestock feed, gravel etc) brought onto the Steer Paddock;
C.Farming, cropping, livestock and timber cutting activities including location, process and access routes used;
D.Terms of engagement with Associates who entered the Steer Paddock
Parthenium Management Decisions
(f)Documents evidencing the reasonableness of the applicants' parthenium management decisions from October 2019 onwards:
(i)Effect of parthenium and parthenium management on farming, cropping, stocking, destocking, harvesting, planting and timber cutting;
(ii)Quotations and costs for machinery, wash down facilities and equipment, and fencing;
(iii)Fencing proposal;
(iv)Feedlot operations;
(v)Maps, including digital GIS and mapping data files (for example shape files);
(vi)Requests for information about the Monitored Area in the Unfettered Activities Phase;
(vii)Advice from experts;
(viii)Mitigation of loss;
(ix)Correspondence between the parties about the matters in 3(f) above
Quantum
(g)Documents relevant to, and evidencing the quantum of the applicants claim of compensatable effects suffered by the applicants (Quantum) in relation to:
(i)parthenium management;
(ii)cropping;
(iii)livestock, feed, pens;
(iv)employees, contractors, valuers, accountants, agronomists, lawyers;
(v)timber sales;
(vi)landholder time;
(vii)the documents relevant to the matters in paragraph 3(g) above;
Being:
(viii)reports or documents prepared by any experts or professionals such as valuers, accountants and agronomists;
(ix)Financial statements, Tax returns, Bank statements;
(x)Invoices and receipts (for example, contractors, fuel, chemicals, feed, additional temporary pens, yields of crops grown, valuers, accountants, agronomists, lawyers);
(xi)Books of account, including Phoenix by Agdata (electronic bookkeeping software and data files) for cropping and parthenium management;
(xii)Livestock records, including Stockbook (electronic livestock management software and data files for livestock numbers);
(xiii)invoices, remittances, orders and similar documents exchanged with Mort & Co relevant to the cost of feeding livestock, and with respect to the sale/purchase of livestock;
(xiv)Valuation of timber and timber sales;
(xv)Yields of grain and silage, drought resilience strategies and capacity;
(xvi)Employment records;
(xvii)Contracts;
(xviii)Diaries, videos, photographs, diagrams and maps including GIS and digital mapping data files (for example shape files);
(xix)Correspondence between the parties.
Parthenium detection outside of Glenora Downs
(h)Documents relevant to the properties referred to in paragraphs 9, 15 and 16 of the Applicants' Amended Statement of Facts, Matters and Contentions filed 18 March 2022 (Applicants’ Other Properties):
(i)Land assessments, valuations, surveys recording whether parthenium was detected;
(ii)Weed and parthenium management practices:
A.Surveys and maps
B.Monitoring registers and reports
C.Diary entries, photographs and videos
(iii)Rainfall records
(iv)Vehicles and machinery used on the Applicants’ Other Properties and also on the Steer Paddock (including AT008) by the Applicants and their Associates:
A.Identification of vehicles and equipment used;
B.Identification of route taken, area of travel or operation and entry and exit points;
C.Photographs, videos, diary notes.
(v)Uses of the Applicants’ Other Properties and also of the Steer Paddock (including AT008) by the Applicants and their Associates:
A.Associates who entered the Steer Paddock and also the Applicants’ Other Properties;
B.Materials (seed, livestock feed, gravel, soil, mulch) brought onto the Steer Paddock from the Applicants’ Other Properties;
C.Livestock brought onto the Steer Paddock from the Applicants’ Other Properties;
D.Terms of engagement with Associates who entered the Steer Paddock and also the Applicants’ Other Properties.
Further Parthenium Management
(i)On and from the first detection of parthenium in the Steer Paddock, documents and correspondence exchanged between the Respondents (including their contractors) and the Applicants, and correspondence exchanged between the parties and their respective agents and contractors with respect to:
(i)detections and management of parthenium on Glenora Downs;
(ii)whether activities could or could not be conducted by, for, and on behalf of the Respondents in the Steer Paddock and AT008;
(iii)whether such activities were conducted;
(iv)specific parthenium weed management plans agreed between the Respondents (including their contractors and agents) and the Applicants;
(v)any alleged breaches of such specific management plans.
Annexure 3 - Map
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