THE Victorian government is seeking to have South Australia's legal challenge to its water trading restrictions shifted from the High Court to the Federal Court, arguing the matters it raises are not of a constitutional nature.
The Australian Financial Review reports that the Victorian government has asked for the case to be remitted to the Federal Court in Victoria, claiming facts have to be established there before the High Court can deal with the issues arising from them.
Announcing the challenge last year, Mr Rann said Victoria was impeding the rescue of the Murray River by enforcing a four per cent cap on the sale of water rights from each region, and that the policy breaches section 92 of the constitution, which says there will be free trade between states.
The SA government argued in its writ of summons that the case should be heard in the original jurisdiction of the High Court because it was a matter between states and concerned the interpretation of the constitution.
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