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Moreton Resources Ltd V Innovation and Science Australia

Federal Court of Australia

Judgment Date:
2019-07-25

Abstract:
An Australian coal mining company which made a pilot underground coal seam gas project has been successful in its appeal against the decision of the Administrative Appeals Tribunal (AAT) which determined that research and development (R&D) activities registered by the company were not R&D activities in accordance with the legislation. The Federal Court of Australia Full Court found that the AAT had incorrectly construed that 'experimental activities' did not cover activities which had the purpose of generating new knowledge with respect to the application of an existing technology at a new site.

Administrative law | Administrative decisions | Research and development activities | Error in construction

Published:
8/08/2019
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