The state’s highest court has dismissed a Forrest family entity’s bid to access information in the lead up to a hearing over a multi-million-dollar project at Minderoo Station.
The state’s highest court has dismissed a Forrest family entity’s bid to access information in the lead up to a hearing over a multi-million-dollar project at Minderoo Station.
In a recent decision, the Supreme Court of Western Australia’s Court of Appeal dismissed Forrest & Forrest’s application to access specific documents from Buurabalayji Thalanyji Aboriginal Corporation.
The Court of Appeal’s judgment is the latest in Andrew Forrest’s dispute with the Minister for Aboriginal Affairs and the BTAC, over construction of 10 leaky weirs across the Ashburton River and passing over Minderoo station.
A rehearing is scheduled in the State Administrative Tribunal to start on November 3, in which Forrest & Forrest plans to overturn the minister’s refusal over its weirs project.
The tribunal dismissed Forrest & Forrest’s bid to access unredacted copies of BTAC meeting minutes, which the corporation claimed was shielded by legal professional privilege.
Forrest & Forrest took the matter to the WA Supreme Court, alleging the tribunal made a mistake and claimed the privilege has been waived.
The WA Court of Appeal found it was not in the interests of justice to grant Forrest & Forrest leave to appeal.
In its judgment, the Court of Appeal said granting leave would fragment or delay the tribunal proceedings, which already has a “long and unfortunate history”.
“If leave to appeal were to be granted then, even if an urgent appeal order were to be made, it is highly unlikely that this court could hear and determine the appeal before the hearing scheduled to begin on 3 November 2025,” the court said in its decision.
“There is a real prospect that the grant of leave to appeal would result in the vacation of those hearing dates and the need to relist the tribunal hearing at a time suitable for the parties some time after this court made final orders in the appeal.”
Forrest & Forrest proposed to build leaky weirs in the West Pilbara region, to service Minderoo station and support pastoral operations.
Mr Forrest, Nicola Forrest and Tattarang boss John Hartman are Forrest & Forrest directors, Australian Securities and Investments Commission records show.
The application was declined by the then-Aboriginal Affairs Minister Ben Wyatt in 2019, and Forrest & Forrest has fought to overturn the refusal since.
The State Administrative Tribunal backed Mr Wyatt’s decision in 2021, but the matter was referred back to the SAT last year, after the WA Supreme Court ruled there should be redetermination.
BTAC also opposed Forrest & Forrest’s plan, claiming the construction of the leaky weirs on the Ashburton River would harm a registered Aboriginal heritage site.
As the prescribed body corporate for the Thalanyji people, BTAC holds native title determination over land in the West Pilbara.
A leaky weir was built on the river with consent from Thalanyji elders in 2011.
