‘Keep activism out of the court’ judge warns over park lands golf
A Federal Court judge delivers a stern warning ahead of a high-profile Adelaide park lands trial, making a call on whether Greg Norman Golf Course Design will have to testify.
Federal Court Judge Natalie Charlesworth warned those appearing in the Federal Court to “keep activism out” of a case related to the controversial $45 million golf course redevelopment in North Adelaide.
Charlesworth made the comments in a case management hearing on Monday night, where it was stated that she would not issue a subpoena to Greg Norman Golf Course Design.
The ruling follows public servant Edwin Kemp Attrill and Kaurna traditional owner Janette Milera commencing proceedings earlier this month to test the North Adelaide Golf Course Act passed by the state government last year against federal environment and heritage legislation.
Charlesworth deferred other subpoenas for LIV Golf and Golf Australia to be considered at a later date.
Internationally renowned Australian golfer Greg Norman has designed the 18-hole course at the centre of the $45 million North Adelaide redevelopment that has come under fire from activists calling for a halt to work that led to hundreds of trees being removed. Norman is also a former CEO of LIV Golf.
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A lawyer representing the state government argued against a Greg Norman design subpoena being issued, saying it was “peripherally relevant, if anything” and would go beyond the scope of the case.
It is the latest update in the state’s high-profile court case brought by a public servant to test the SA government’s development against the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
When the North Adelaide Golf Course Act passed parliament last year, it gave the redevelopment a green light to bypass planning laws, but the state government was still required to consult with the Aboriginal community under the Aboriginal Heritage Act.
The government said it completed a self-assessment that did not need to be referred to the Federal Environment Minister for further planning checks.
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Judge Charlesworth told the court this was “a singular test” and that she was “resisting” the trial expanding into “whether or not there’s been compliance by the state”.
“Let me say this, there has been some publicity around this case, and a member of the public who obviously have a legitimate interest in it, it’s very important that they understand the limited role of this court,” Charlesworth said.
“I am not here to conduct an assessment or to express a view on matters that are essentially public policy of the State Government of South Australia.
“I do wish to make that very plain, the way in which I exercise my powers will reflect that restraint; it reflects the rule of law aspect of this matter to keep the activism out of this court and to encourage those who make comment outside of the court as well, not to impugn the court with some agenda aligned with one party or another.
“I’m concerned about that; both parties have said that there is some aspect of public interest in this matter, and I’ve said that the public interest is in the administration of justice.”
Trial dates are set for August.
Following the special golf course legislation passing parliament, the state government announced it had secured three more years of hosting the women’s Australian Open in Adelaide.
This means future editions of the women’s Australian Open can be played at the redesigned golf course from 2028, the deadline for the development to host the first LIV Golf in the CBD.
LIV Golf was expected to be hosted in Adelaide until at least 2031, with the last event contributing a record $81.46 million to the state’s economy, according to the state government.
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