On 13 December 2004 Dr Nicklason along with 19 others was sued by Gunns in the now infamous “Gunns20” case. Gunns sought $250,000.00 in damages from Dr Nicklason plus costs for comments he made and a conspiracy he was supposed to be part of too damage Gunns.

On 28 August 2009, Gunns, through lawyers Clayton Utz, served the fifth version of their claim in the Gunns20 case.

This actually involves two claims, one by Gunns Ltd and one by two of Gunns' subsidiaries (Tasmanian Pulp and Paper and Gunns Forest Products). The subsidiaries sued the remaining Gunns20 defendants in January 2009. The basis for the claim is essentially the same as the current version of the original Gunns20 case.

Justice Forrest handed down his decision today on whether the Gunns20 case will be heard by a judge and jury or a judge alone. His Honour decided due to the complexity of the case a Judge sitting alone should hear the case.

Our dear friend Ben Morrow died on Monday 6 July 2009. He was a much-loved and respected campaigner for the environment, especially for Tasmania's forests, and was one of the Gunns20 defendants. We will miss him greatly.

Gunns' case against the remaining defendants will go to trial in February 2010, more than five years after the first writs were orginally served in December 2004.

The case is now before Justice Forrest who has estimated that the trial, when it finally arrives, will run for up to five weeks.

Submission attached.

At a Directions Hearing today Justice Kaye made numerous orders in relation to the future conduct of the 4 year legal battle initiated by Gunns Ltd. A further directions hearing will be held on 22 May 2009 after which a trial date is expected to be announced.

Remaining defendants in the Gunns20 case will reject an offer by Gunns Ltd to settle the case. Gunns made the offer on 3 April 2009. Accepting the offer would require defendants to pay Gunns’ legal costs and to give extensive undertakings restricting their activities and movements in Tasmania.

At a Directions Hearing this morning Gunns discontinued its case against Ben Morrow (defendant #13) as it relates to the Styx part of the claim. This concerned alleged protests in the Styx valley in 2003. Mr Morrow is now out of the case entirely. Mr Morrow has not given any undertakings in relation to engaging in protest or entering Gunns’ land. Gunns have been ordered to pay Mr Morrow’s legal costs of the Styx claim estimated to be in the tens of thousands of dollars.

In a Directions Hearing this morning in the Victorian Supreme Court, Gunns Ltd asked for the case to be set down for trial. His Honour Justice Kaye rejected this and ordered the parties to continue with mediation. A directions hearing will be held on 30 April 2009.