Agmates editor Steve Truman writes:
Late Breaking News:
Alastair McRobert just called from the steps of the Australian Federal Court in Sydney with the latest developments in the Peter James Spencer v’s The Commonwealth of Australia otherwise know as the $10.8 billion Carbon Case.
Today Justice Emmett accepted Mr Spencer’s (pictured left) Statement of Claim and told the court he thought that it was a reasonably arguable case.
In the matter of the Injunction stopping the Commonwealth government from using Carbon Credits accrued from tree clearing bans to met its Kyoto target, Justice Emmett stood the matter over until next Thursday, 2.30pm.
The Commonwealth has denied any acquisition of Mr Spencer’s property, but needed to consult with the Commonwealth before they could argue their case against the injunction any further.
Alastair told me that Peter’s Legal council Peter King was quiet happy with today’s outcome. He also said it was pleasing to see Kevin Humphries the National Party State MP for Barwon northern NSW (pictured left) at the hearing, lending his support to farmers.
For those interested, Alastair will be interviewed by Meg Strang ABC radio Dubbo and Western Plains tomorrow morning. At this stage that interview should be replayed on the NSW country hour. Naturally we’d like to see it played on the country hour in most states as it is a Commonwealth issue of rural significance.
Have your say!
Do you think the Federal Government should be able to take private assets ‘for the good of the nation’ and not pay fair and just compensation?
Leave you answer, reply, question or comment below or click on the Blue word Comments and do it there.
Related Posts
- $10 Billion Carbon Case Advances in Federal Court - Part II
- Court Declares Farmers Have “Arguable Case” for Compensation
- Fight For Australian Farmers Property Rights Continues in Federal Court.
- Peter Gargan says High Court decision Means the end of all Magistrates Court
- $10.8 Billion payment to farmers to meet Kyoto Commitment.

Of course the Commonwealth should not be able to claim without reimbursement to the farmers concerned.
In fact the whole “Native Vegetation Legislation” is ill conceived and unworkable in the real world.
Keep up the good work Peter Spencer and Co.
The idea that government, whether they are State or Federal, can continue to eat away at property rights without paying fair and just compensation is repugnant in the extreme.
While governments can continue to do this in the short term, there will be a massive longterm cost as agricultural production costs soar, as a result of over-regulation and compliance costs from the never ending barrage of property rights loss for “the good of the nation”.
In the end our food production costs in the driest continent of the world will destroy our cost competitiveness.This will be reflected by massive increases in food costs.
While the benefiting community hasn’t paid to date; it is likely the cost to Australia will be far higher than the payment of fair and just compensation in the first place.
Well done and keep up the good work.
They have taken away our rights to develop our land and we should be able to sell our carbon that is stored in our trees.
Australia’s total emissions is 1.8% of the worlds total emissions if we were to stop all emission it would be only a drop in the ocean. So leave our farmers alone to be able do what they do best and that is manage there and for future generations to come.
Peter ,
The plight of farmers and land resumptions have been bought to the attention of thousands of unsuspecting property owners, through your diligent effort to attain justice.
The ABC should broadcast your interview nationally , as it is a national issue and an ideal topic for 4 corners.
The best of luck for Thursday.
regards Linda Macri
Congratulations to Peter and his team - knowing the history of his battle with Govt legislature and the threat to Australian farming, we need more Peter’s to stand up and be counted.
Government’s role is to safeguard our lives and our ownership. Their role is to maintain this country for the community. Instead regulations, statutes, laws answer to the self-interest groups and destroy our lives and our ownership.
We can complain among ourselves or we can stand up and speak out. Peter decided to speak. Bravo.
Is there an update to the April 2nd Federal Court hearing?
Where can people contribute to the legal fund?
Richard,
Go to the Commonwealth Property Protection Association website.
You can join/donate via this site.