William Schwarzenberg, the plaintiff, has been a collector of exotic birds for most of his life. For many years, the Commonwealth Government has sought to prevent the illegal trade in such birds as part of its responsibility to protect exotic species pursuant to Australia’s international treaty obligations. Australia is a signatory to the Convention on International Trade in Endangered Species (CITES). The birds in question were species listed under this convention. The Department of the Environment, Water, Heritage and the Arts began investigating the involvement of the plaintiff in relation to bird smuggling back in November 2006. A number of search warrants at premises throughout Victoria in 2007 led to the discovery of numerous exotic birds, which were seized in August 2007 under national environment law. The paintiff applied to the courts to have his birds returned, however, the County Court of Victoria concluded the birds were illegally imported. The man was denied the return of the birds.