Week 1 summary

It's been a big first week of our trial in the Supreme Court! Week one included:

  • Monday – WOTCH opening submissions.

  • Tuesday – VicForests opening submissions

  • Wednesday – VicForests opening submissions continued before WOTCH president Hayley was called to submit her evidence.

  • Thursday – Central Highlands court view – The Hon. Justice Keogh, associates, barristers, Greater Glider experts and representatives from WOTCH and VicForests attended a full day in the field visiting logging coupes both logged and unlogged.

  • Friday – The East Gippsland court view – The day was postponed until Friday 18 March due to weather conditions.

Monday

Richard Knowles QC, counsel for WOTCH, delivered our opening submissions. He outlined the extent of the Black Summer fires, their devastating impact on the four key threatened species and how VicForests has not applied timber harvesting prescriptions that avoid serious or irreversible damage to these species.

The court also heard that there is significant agreement between experts for both parties, including that 'current harvesting practices are not ecologically sustainable, cause severe declines in [Greater Glider] populations at coupes scales and require significant modification' and that 'there is great uncertainty about the effectiveness of the prescription measures [for the Sooty and Powerful Owl]'.

Tuesday

Jason Pizer QC, VicForests counsel, ran through their opening submissions including detailing the actions they claim to have taken following the 2019-20 Bushfires, and their arguments against WOTCH’s case.

Wednesday

Mr. Pizer concluded VicForests’ opening submissions including outlining their interpretation of the precautionary principle and its application. He stated, “We emphasise that the principle and its application are focused on the decision making process as opposed to the outcome of that process”.

The first of the lay witnesses for WOTCH, Hayley Forster, president and surveyor, was then called to the stand to submit evidence and was cross examined by VicForests. Hayley was questioned by Ms Fiona Hudgson, VicForests counsel, on methods for conducting Greater Glider spotlighting surveys.

Thursday

Keogh J, his associates and WOTCH and VicForests’ legal team, representatives and Greater Glider experts spent all day in the Central Highlands visiting a number of coupes subject to the case. This gave Keogh J the chance to see and ask questions about logging practices on the ground and the impacts to threatened species.

Glanworth coupe, between WOTCH and FPSP there were detections of Greater Gliders, Sooty Owls, Powerful Owl and a smoky mouse all within this coupe prior to harvest. This coupe was visited on the View

Glanworth coupe: between WOTCH and FPSP, Greater Gliders, Sooty Owls, Powerful Owl and a smoky mouse all were detected in this coupe prior to harvest. This coupe was visited on the view.

They also visited coupes that have been scheduled but not yet logged due to interlocutory injunctions to see the quality of the forest VicForests plans to harvest.

Image: Kumba and Rumba coupes, most of the forest still standing due to the interlocutory injunction secured by WOTCH early in the case. These coupes were visited on the view.

Hayley Forster