Mineralogy Pty Ltd v State of Western Australia

[2020] FCA 1517

FEDERAL COURT OF AUSTRALIA

Mineralogy Pty Ltd v State of Western Australia [2020] FCA 1517

File number(s):

QUD 257 of 2020

Judgment of:

GREENWOOD ACJ

Date of judgment:

19 October 2020

Catchwords:

PRACTICE AND PROCEDURE – consideration of whether orders ought to be made in the principal proceeding before the Federal Court of Australia having regard to proceedings commenced in the High Court of Australia in which the question of the validity of the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020 (WA) is to be determined

Legislation:

Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020 (WA), s 7 (introducing Part 3 into the primary Act)

Iron Ore Processing (Mineralogy Pty Ltd) Agreement Act 2002 (WA), ss 7, 8, 10, 11, 19, 20

Division:

General Division

Registry:

Queensland

National Practice Area:

Commercial and Corporations

Sub‑area:

Regulator and Consumer Protection

Number of paragraphs:

45

Date of hearing:

15 October 2020

Counsel for the Applicants:

Mr K S Byrne

Solicitor for the Applicants:

Alexander Law

Counsel for the Respondent:

Mr S Doyle QC with Mr S Webster

Solicitor for the Respondent:

Clayton Utz

ORDERS

QUD 257 of 2020

BETWEEN:

MINERALOGY PTY LTD (ACN 010 582 680)

First Applicant

INTERNATIONAL MINERALS PTY LTD (ACN 058 341 638)

Second Applicant

AND:

THE STATE OF WESTERN AUSTRALIA

Respondent

ORDER MADE BY:	GREENWOOD ACJ
DATE OF ORDER:	19 OCTOBER 2020

THE COURT ORDERS THAT:

1.These proceedings are adjourned generally pending the publication of orders and reasons for judgment by the High Court of Australia in proceedings B54/2020 entitled Mineralogy Pty Ltd & Anor v State of Western Australia, or earlier resolution or order determining those proceedings. 

2.The costs of and incidental to the case management conference on Thursday, 15 October 2020, are reserved. 

3.Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. 

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

GREENWOOD ACJ:

1. These proceedings are concerned with the question of whether the Court ought to make particular procedural orders in the principal proceeding as sought by the respondent or whether no procedural steps ought to be taken pending the determination by the High Court of the validity of the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020 (WA) (the “Amending Act”) or the determination of the validity of particular provisions of the Amending Act. 

2. The applicants contend that if the amendments introduced into the principal Act (the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Act 2002 (WA) (the “Act”)), as from “midnight on Thursday morning, 13 August 2020” (Western Australia’s State Solicitor’s Office letter dated 14 August 2020), are within the legislative power of Western Australia and thus valid laws of that State, they have the effect, as a matter…