Maddox’s Supreme Court showdown (Feb 2026)

 

By Rashelle Predovnik

FARMER Tony Maddox is bracing for another round in his ongoing legal fight against what he says is a dangerous new law buried in the Aboriginal Heritage Act that needs to be changed.
He’s taking his fight all the way to the Supreme Court after being found guilty last year for breaching the Act when he built a concrete creek crossing on his property.

 

A long legal battle

The work was deemed to have altered a registered Aboriginal site without approval,
breaching a recently added amendment to Aboriginal Heritage Act 1972.
That amendment was added in November 2023 and Mr Maddox said it was a change no one could reasonably know about – because the department didn’t tell anyone about it.
Mr Maddox sought refuge under Section 62 of the Department of Planning, Lands and Heritage’s own legislation that protects people if they can clearly prove they had no knowledge of the amendment to the Act.
Yet despite this being a defence, it was not applied to Mr Maddox’s case and he is now appealing the magistrates ruling in the Supreme Court.

An appeal to the supreme court

The appeal is an expensive road to take after being granted a spent conviction and fined $2,000, plus $5,000 in costs, back in February 2025.
But Mr Maddox said it was a matter of principle.
He said the department won the case in the Magistrates Court but if he rolled over and let them have that win it would allow a precedent to be set.
“It means, they can walk onto anyone’s farm and now say ‘you’re guilty too,” he said.
The Supreme Court case will be heard later this month, on February 20, and Mr Maddox’s hopes are heavily pinned onto the expertise of his newly appointed King’s Counsel Mark Trowell.
But Mr Maddox told The Herald it was hard to predict what the verdict will be.
“If I lose this case, my faith in the West Australian justice system is gone – there is no justice,” he said.
“You can’t be found guilty of something you have no knowledge of – that’s just crazy
stuff.”

Support to keep fighting

If Mr Maddox wins his appeal he will turn his attention to fighting to have the law changed and he has his supporters.
The WA Farmers Federation and Pastoralists and Graziers Association of WA are vocal supporters of his appeal, saying his case sets a dangerous legal precedent for every land owner in WA.
Farmers and other supporters have stumped up over $50,000 to help with his legal fees.
Tony said he appreciated the number of Toodyay locals following his case, with some even attending court to show their support.
“They’ve been terrific – they really have.”
Supporters can also donate to Mr Maddox’s ‘fight for common sense’ online at: https://
tonymaddox.info