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Legal Action for Forests

Victorian Forest Alliance members approach forest protection from a range of different starting points. There’s citizen science, where members do surveys and collect data on the vast range of biodiversity and plants and animals found in our remaining native forests and habitats, as well as academic science, where research looks at forests and fire behaviour, disturbance and flammability, threatened species and all manner of scientific and academic data to support conversations and policy surrounding forest and wildlife management. 

There are outward-facing activities such as webinars, raising public awareness and putting pressure on politicians and governments to protect and restore native forests.

And then there is legal action.  

Often, VFA members and other community groups need the power of the legal system and the courts to stop a dangerous activity, such as an unscientific planned burn proposed by Forest Fire Management Victoria, which would serve to make the forest more flammable and endanger wildlife and human lives, or to highlight loophole logging, where logging of precious forests or critical habitats for threatened and endangered species continues, despite the fact that logging in native forests has supposedly finished in Victoria. 

What follows is a summary of key court cases in the recent history of Victoria’s forest movement.

 


Tipping Points: How Five Years of Forest Court Wins Changed Everything

If you have been part of Victoria’s forest movement for a while, you will know this truth: change rarely arrives all at once. It comes in moments. Small, fierce, hard-won tipping points. Each one shifts the ground just enough for the next to land.

Looking back over the past five years, you can trace this pathway clearly.

The Possums' Case

It begins in 2020, when the Friends of Leadbeater’s Possum case changed the rules. Justice Mortimer found that destroying Tree Geebungs, those ancient slow-growing understorey plants, was unlawful and that VicForests had put endangered wildlife at risk by ignoring the precautionary principle. It was a line in the sand. A declaration that the law could be used to protect forests, not just to enable their destruction.
Friends of Leadbeater’s Possum Inc v VicForests (No 4) [2020] FCA 704

That ruling lit the path for what came next.

The Tree Geebung Case

Warburton Environment brought its own Tree Geebung case soon after. In 2022, Justice Garde found VicForests had illegally logged areas containing some of the oldest living plants in the Central Highlands and ordered surveys and protections. It was the first time the Supreme Court had ever stepped in to defend Victoria’s endangered flora from logging.
Warburton Environment Inc v VicForests (No 5) [2022] VSC 633

The Glider Case

Only one week later, another historic win arrived. Environment East Gippsland and Kinglake Friends of the Forests proved that Greater Gliders and Yellow-Bellied Gliders in logged coupes would probably die as a result of VicForests’ operations. stronger surveys, larger exclusions and real protections were ordered. For the first time, endangered animals in Victoria had enforceable legal safeguards against logging.

Environment East Gippsland Inc & Kinglake Friends of the Forest Inc v VicForests (No 4) [2022] VSC 668 

What was now undeniable was that VicForests was not simply cutting down trees. It was breaking the law, again and again.

These back-to-back community wins did more than protect individual patches of forest. They opened the door to real accountability, proved that the law could hold the state to account and helped push VicForests toward shutdown. They showed what becomes possible when science, persistence and courage meet the rule of law.

The Burns Case

Fast forward to 2024 and another turning point. The Save Our Strathbogie Forest case confirmed that DEECA must seek EPBC Act referrals when federally listed species are at risk. No shortcuts. No pretending the impacts are not significant. That ruling is the direct legal stepping stone to the Hollow’s Case now before the Federal Court, challenging the widespread destruction of hollow-bearing and recruitment trees during so-called hazardous tree operations.

Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action [2024] FCA 317 (2 April 2024)


Five years. Four major cases. And a community that refused to give up.

These wins are not dusty files on a shelf. They are the foundation beneath our feet today. They shape every protection we fight for, every forest still standing, every threatened species that still has a chance.

And here is the real truth: none of this happened by accident. It happened because people like you showed up, spoke up, held the line and believed that forests deserve defenders.

 

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