The hearing, over the constitutional challenge to the Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014, is lined up for February 10 to 12 in the Canberra-based court.

“NuCoal is represented by its solicitors, Quinn Emanuel Urquhart and Sullivan, and has briefed

Walter Sofronoff QC, former solicitor-general of Queensland, to appear on its behalf at the

hearing,” the company said.

The controversial mining amendment was passed in January, on the back of Independent Commission Against Corruption revelations into how the licence was awarded by former mining minister Ian Macdonald to a former union leader-linked company that NuCoal later acquired.

“The Mining Amendment Act did indeed cancel the Doyles Creek licence, but it went much further than that – it denied NuCoal any right to compensation for the cancellation,” NuCoal chairman Gordon Galt said in the annual report last month.

“It also empowered the state to compulsorily acquire all of NuCoal’s valuable exploration information without compensation. It further immunised the state from any claims for compensation or any vicarious liability for the actions of its minister,” he said.

“It is our view that the Parliament is not entitled to pass such a law. This is the essence of our action against the NSW government in the High Court.”

Macdonald is being prosecuted over two “misconduct” in public office charges.