Peter Spencer wins his day in High Court

01 Sep, 2010 09:50 AM
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17
 
Peter Spencer
Peter Spencer

PROPERTY rights crusader, Peter Spencer, who went on a hunger strike on his southern NSW farm earlier this year, has broken down outside the High Court in Canberra following an unanimous decision in his favour to finally have his case heard.

Listen to Peter Spencer's reaction here

Mr Spencer has been arguing that under the constitution he should be compensated for his loss of property rights stemming from land locked up under native vegetation laws and the carbon credits from that land "stolen" by the Federal Government.

In June Mr Spencer applied for leave to appeal a decision by the Federal Court that his case against the Commonwealth not be heard.

But the High Court today ruled that Mr Spencer has a case to be heard, and that there was essentially no case to stop it from being heard.

The High Court also ruled the Commonwealth pay full costs for Mr Spencer.

In January Mr Spencer attracted national and international media attention when he undertook a 52-day hunger strike to raise the profile of his fight for proper recognition of property rights.

He hugged supporters outside the court and broke down when asked what the ruling meant to him and all Australian farmers.

Mr Spencer said the decision means "rural Australia will now have hope".

"To have a rural Australia, a civil Australia, you have to have property that belongs to people; that people respect.

"Between the citizens, and between the Government and the citizens.

"Today we have proved after 13 years that it's worth believing.

"When I first spoke of carbon 13 years ago, people said 'what are you talking about?'

"It has been the biggest lock-up, the biggest takings, in the free world out of war time.

"It represents 109 million hectares. 90 per cent of Australian land was stolen from the people and used to meet an international carbon treaty when it should have been taken from the coal-fired power stations.

"This was a cover-up of the worst proportions."

Mr Spencer said by allowing the case to proceed and his evidence to be heard it would reveal "treachery against the Australian people".

Mr Spencer said the support of Australian farmers in his fight had buoyed him to keep going.

FarmOnline National News Bureau, Parliament House, CanberraSource: http://www.farmonline.com.au
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READER COMMENTS

marie
1/09/2010 10:43:15 AM

'The High Court also ruled the Commonwealth pay full costs for Mr Spencer.' It doesn't seem as clear as this in the transcript you publish...could you clarify?
rod
1/09/2010 11:38:00 AM

Well done Mr Spencer. A true Australian prepared to fight against overwhelming odds for what is right and just.
tigerdicky
1/09/2010 1:44:38 PM

Good on you Peter! You are a true champion of the people!
City Slik (Annabella)
1/09/2010 2:08:56 PM

Congratulations Peter - a remarkable fight to be heard. I'm sickened by what happened to you and other farmers.
Farmer Dave
1/09/2010 2:44:52 PM

A win but not a victory. Best of luck with the rest of the fight.
qld mum
1/09/2010 4:12:13 PM

Well done Mr Spencer. You are a hero. We watch with great interest and our very best wishes.
The farmer's wife
1/09/2010 6:03:32 PM

Well done Peter, thanks for standing up for all of us affected by unfair vegetation laws! We wish you sucess in the fight to come!!
jock
1/09/2010 7:58:13 PM

Mr. Spencer has spoken of "Treachery against the Australian people" & we will do wisely to keep those words in mind as we scrutinise the actions of the Labor-Greens coalition. There is an endemic madness permeating global politics today that runs contray to humanity's best interests & we will need watch closely how it influences a parliament where the Greens hold sway.
Governments Shouldn't Steal
1/09/2010 10:29:40 PM

GO PETER SPENCER!!!!
Angasb
2/09/2010 6:57:31 AM

Congratulations Peter, hopefully the next hurdle may set a precedent for property rights for all Australian farmers.
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Recognise but gouge them (the growers) and maximise returns to shareholders! If growers fall
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All Labours fault. Yet water buy backs closed over subscribed. Surly the point of this story
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We have been through this before. Whole of life tracability is a nonsense based on fantasy.