Fordham v Environment Protection Agency

• 1. Declaratory Relief
  2. › Jurisdiction to grant declarations
  3. › Legal controversy requirement
  4. › Whether dispute was abstract or hypothetical
  5. › Compulsory examination under statute
  6. › Self-incrimination immunity
  7. › Whether person facing compulsory questioning had real interest in declaration as to scope of immunity
  8. › Protection of the Environment Operations Act 1997 (NSW), ss 169, 203, 211, 212
• 1. Declaratory Relief
  2. › Discretion to grant or refuse declarations
  3. › Effect of post-judgment concession
  4. › Whether declaration should be made where controversy resolved by concession
  5. › Whether declaration should be made in general terms without argument on precise construction
• 1. Declaratory Relief
  2. › Declarations as to criminal conduct
  3. › Whether good reason exists for declaration on civil standard as to conduct constituting offence
  4. › Protection of the Environment Operations Act 1997 (NSW), ss 211, 252
• 1. Appeal
  2. › Appeal by way of rehearing
  3. › Further evidence on appeal
  4. › Power to receive further evidence of changed circumstances
  5. › Whether legal, factual or discretionary error established by further evidence
  6. › Supreme Court Act 1970 (NSW), s 75A
  7. › Land and Environment Court Act 1979 (NSW), s 58

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