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Legislative Assembly for the ACT: 2002 Week 13 Hansard (21 November) . . Page.. 4032..


A preliminary decision was given in Wylkian Pty Ltd v ACT [2002] ACTSC 97 on 24 September 2002. The court refused to answer the preliminary question sought to be answered by the plaintiff. The plaintiffs have appealed.

The various criminal proceedings were considered at Case Management Hearings held on 21 November 2002 but because of the appeal, the matters have all been re-listed for Case Management Hearings on 12 June 2003.

Fireworks industry

(Question No 299)

Ms Dundas asked the Attorney-General, upon notice, on 12 November 2002:

In relation to the regulation of the fireworks industry and the statement by the Minister for Industrial Relations in his answer to Question on Notice No 107(13) that "Civil actions against the Government include reviewing administrative decisions, questioning the validity of fees and questioning the validity of legislation" and the fact that 64% of the current actions by the fireworks industry (seven of the eleven current Supreme Court Actions) detailed below:

(1) Supreme Court 306 of 2000 Malicious prosecution;

(2) Supreme Court 882 of 2000 Defamation;

(3) Supreme Court 25 of 2001 Damages/ assault;

(4) Supreme Court 224 of 2001 Detinue/ theft;

(5) Supreme Court 238 of 2001 Detinue/ theft;

(6) Supreme Court 674 of 2001 Defamation;

(7) Supreme Court 705 of 2001 Tender;

fall outside the answer provided.

Can the Attorney-General provide further information on the Minister's original answer.

Mr Stanhope: The answer to the member's question is as follows:

The Minister for Industrial Relations has provided a factual answer. Civil actions against the Government by members of the fireworks industry do include reviewing administrative decisions, questioning the validity of fees and questioning the validity of legislation. The fact that civil actions against the Government may include other matters does not detract from the Minister's response.


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