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Mock Trial
THE COMMONWEALTH
and
THE STATE OF QUEENSLAND
MOCK TRIAL
18 February 2012
OVERVIEW
The mock trial determined an application by a group of Green Sea Turtles who had brought
proceedings against the Federal and Queensland governments for damage caused to the Great
Barrier Reef through the governments acts and omissions in relation to climate change.
The trial was set in 2032. The evidence was that at this time, damage to the Reef was seriously
threatening the Turtles ability to live, breed and feed in the Reef.
Between 2012 and 2032, the Federal and Queensland Government had failed to take further action
to address climate change or its impacts on the Reef. In addition, at around 2012, the governments
had approved 8 major new coal mines in Queenslands Galilee Basin, which significantly increased
Australias greenhouse gas emissions.
PURPOSE
The mock trial explored something not possible under our current legal system: animals having legal
standing to bring legal cases in their own right, for damage done to the environment, their habitat.
The idea was to test out whether giving nature the right to bring proceedings and have legal rights
would improve environmental protection.
In addition, t trial was also used to raise awareness about short and long-term impacts of climate
change on the Australian environment, in particular the Great Barrier Reef and its inhabitants, the
Green Sea Turtle. The trial particularly highlighted the contribution of large new fossil-fuel projects to
such impacts, such as the projects currently proposed for Queenslands Galilee Basin in the near
future. From a legal perspective, the mock trial highlighted the role that law can play in allocating
accountability for approval of such projects, given the subsequent damage caused to public and
environmental commons like the Great Barrier Reef.
THE EVENT
The mock trial was held on 18 February 2012, as part of the Melbourne Sustainable Living
Festival. The Court room was the BMW Edge Theatre at Federation Square.
Environment Defenders Office
Mock Trial
Representing the Applicants, the Green Sea Turtles, were barristers Susan Brennan and
Emma Peppler.
Representing the Respondent, the Commonwealth and the State of Queensland, were
barristers Louise Hicks and Jane Sharpe.
Presiding was Justice Brian J. Preston, Chief Judge of the NSW Land and Environment
Court.
LEGAL DOCUMENTS
In making their submissions to the Court, the parties relied upon the following documents,
which were prepared and circulated prior to the hearing:
A Statement of Legal Assumptions which set out the legal bases of the trial.
A Statement of Agreed Facts which set out the factual bases for the trial.
THE DECISION
After hearing submissions from both sides, as well as the evidence from Dr Jones and Dr
Fuentes, Justice Preston decided in favour of the applicants, the Green Sea Turtles.
Environment Defenders Office
Mock Trial
PARTICIPANTS
THE ENVIRONMENT DEFENDERS OFFICE (VIC)
Organisers
Our funding comes from a range of sources, including donations and membership
fees, grants from trusts and foundations and funding through the Community Legal
Services Program administered by Victoria Legal Aid. Sometimes we require some
payment for workshops and legal services to help cover our costs and to ensure that
we can make sure that we can provide our services to as many individuals and
organisations as possible.
We could not do the range of work that we do without community support in the form
of memberships and donations.
Environment Defenders Office
Mock Trial
Justice Preston is the author of Australias first book on environmental litigation (in 1989)
and 69 articles, book chapters and reviews on environmental law, administrative and
criminal law. He holds editorial positions in environmental law publications, including
General Editor of the Local Government Planning and Environment NSW Service and
Title Editor for the Laws of Australia, Title 14 Environment and Natural Resources.
Justice Preston is a member of the Adhoc Advisory Committee of Judges, United Nations
Environment Programme (UNEP) Judges Program; Chair of the Environmental Law
Standing Committee of the Law Association for Asia and the Pacific (LAWASIA); member
of the Environmental Law Commission of the International Union for Conservation of
Nature (IUCN) and member of the Australian Centre for Climate and Environmental Law
(ACCEL).
He is also the recipient in 2010 of an award by the Asian Environmental Compliance and
Enforcement Network (AECEN) in recognition of his outstanding leadership and
commitment in promoting effective environmental adjudication in Asia.
Environment Defenders Office
Mock Trial
SUSAN BRENNAN
Barrister for the Applicants (Green Sea Turtles)
LOUISE HICKS
Barrister for the Respondent (The Commonwealth and the State of
Queensland)
MARIANA FUENTES
Court-appointed expert: marine biologist
During her PhD, she worked closely with various stakeholders to provide key
information for managers to direct and focus management actions to protect sea
turtle populations in the face of climate change. Her work has delivered knowledge
and capacity at a variety of levels; it has promoted environmental concerns in relation
to sea turtles, built capacity of local communities for participation in conservation
initiatives and provided valuable information to aid the conservation of sea turtles.
ROGER JONES
Court-appointed expert: climate change