Final stretch for park lands trial
Lawyers are playing their last round in a high-profile court case over the North Adelaide Golf Course plans today.
Federal Court Judge Natalie Charlesworth is hearing closing arguments in the high-profile trial over a $45 million taxpayer-funded golf course plan today.
Public servant Edwin Kemp Attrill and Kaurna traditional owner Janette Milera commenced proceedings against the state government in June.
Their lawyer, Barrister Arturo Dal Cin of Murray Chambers, argued the North Adelaide Golf Course Act should have been referred to the federal environment minister to test the project 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 state government, represented by lawyer Alison Doecke KC, has argued the project did not meet the threshold for referral to the Federal Environment Minister.
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In a five-day trial last week, Kemp Attrill and Milera’s lawyers argued the large-scale tree removal and the demolition and rebuild of the existing golf course’s clubhouse “contravened” the national heritage values of the park lands.
The Adelaide Park Lands were nationally heritage-listed in 2008.
While Kemp Attrill and Milera’s case focused on the grey-headed flying fox being threatened by tree loss, the lawyer for the government said the bat species had many other trees to forage in throughout the broader park lands.
Dozens of supporters, dressed in yellow to symbolise their anti-tree-felling cause, attended the Adelaide Federal Court for today’s hearing. Former councillor Henry Davis, who has said he is running for Lord Mayor in the upcoming council elections next year, was among the attendees.
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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.
After closing arguments were heard today, it is understood the judgement would be handed down by the end of the year.
Judge Charlesworth previously said she was mindful of the timeframe, and ruled against delaying the trial beyond its August dates.
In a pre-trial hearing, Judge Charlesworth said her early view was that while there could be an order to minimise the costs taken on by Kemp Attrill, it could also restrict costs in his favour, meaning each party would bear their own costs.
“If I was to make an order that there be no order for costs against the applicants, I would seriously consider making an order that there be no order for costs in the applicant’s favour as well,” Judge Charlesworth said.
Kemp Attrill has raised about $64,500 through a GoFundMe for his legal costs at the time of writing, after previously saying he was risking bankruptcy by taking on the case.
It comes after thousands marched from Victoria Square to Victoria Park on Sunday in what the Adelaide Park Lands Association said was the biggest rally in its history.
The protest followed a petition led by Adelaide Park Lands protesters that amassed more than 40,000 signatures was tabled in parliament last week, triggering a parliamentary inquiry into the MotoGP and golf course plans.
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