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You are a solicitor working for a small firm in Marrickville…

You are a solicitor...

You are a solicitor working for a small firm in Marrickville in NSW. You are approached by a local community group seeking to challenge a new coal seam gas (CSG) operation in the Upper Hunter. They are desperate for you to take on their matter, advising that they approached EDO NSW (a community legal centre specialising in environmental law) but that they would not take on the case as they could not find a cause of action. You have looked at the (NSW) Protection of the Environment Operations Act 1997. however, and believe that the company is, in fact, acting unlawfully and harming the environment. You also believe the company may be about to commit an offence under the Biodiversity Conservation Act 2016. You write to the company stating your case and of your intention to commence proceedings.The solicitor acting for the other side writes back to you claiming that you can't commence proceedings on three grounds:a) there are no grounds for commencing proceedingsb) you don't have the permission of the Attorney General, and that "this is unlikely to be given in light of the government's commitment to the CSG industry" andc) the community group is based hundreds of miles away from the Hunter.Please answer the following:1) Can you commence proceedings on behalf of the community group? On what basis?2) Where would the proceedings take place?3) What will you be asking the Court to do?4) Your firm has asked you to respond in a letter to the other solicitor. What would you say?5) Regardless of the legal answer to your analysis above, do you believe the community group should be able to commence proceedings? Why or why not?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Nsw

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 5 minutes by:
3/14/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,276
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Customer reply replied 1 month ago
Hi, no problem. Thank you.

Good Evening

This is an assignment and I cannot do it for you.

I am happy to assist and look at your ideas and guide you but I cannot give you an answer as that would be plagiarism.

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Customer reply replied 1 month ago
In terms of question 3, which is what would I ask the Court do do, where would i be able to get that information from ?
Customer reply replied 1 month ago
Also, will the proceedings take place in the Land and Environment Court of NSW?
Customer reply replied 1 month ago
i have written this so far

Good Evening

Yes the Land and Environment Court has the jurisdiction

If we are to assume that they have not yet started the exploration you would consider asking the court for an injunction.

This is to stop any exploration taking place.

Have you assumed that the company activities have been approved by the government?

Do you think that the government has acted appropriately in granting the approval?

If not you may also consider seeking that the approval be stayed until further notice.

Here is some information about challenging the decision of the government department.

https://www.edonsw.org.au/hys_having_your_say_after_a_decision_has_been_made

What you have sent me looks good. Look at the last link I have sent you, it may be able to be used in what you have said when the government department has refused to do their job.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 1 month ago
Thank you.
Customer reply replied 1 month ago
Would the proceedings take place in the Land and Environment Court of NSW? Or is there another Court that I am missing?

Good Evening

You are welcome.

Please do not forget to rate my work 5 stars so I can be paid for my work and be able to continue providing this service.

Regards

Leon

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The land and Environment court is the correct court.

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Customer reply replied 1 month ago
Could you please answer my last question and then i will rate your service
Customer reply replied 1 month ago
Ok. Thank you.

Good Evening

I have, it is the Land and Environment Court.

All the best and good luck

Regards

Leon

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Customer reply replied 1 month ago
In this scenario, do you think the community group should be able to commence proceedings?

Yes I do
Your introduction deals with that well. But if you can find a case to back you up use it

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,276
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Great, thank you again.
Was this answer helpful?
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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,276
46,276 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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