Evidence put forward by Bob Brown argued that MMG had breached the undertaking by moving machinery and other equipment on tracks or roads that go within the exclusion zones that were part of the undertaking.

This was accepted by Federal Court Justice Mark Moshinsky.

"I don't think on the true construction of that undertaking that it is permissable to be moving machinery and equipment within 15 metres of the relevant trees," Justice Moshinsky said.

In May the Bob Brown Foundation lost its bid for an injunction to halt preliminary works by MMG at the site, and at that stage an undertaking by MMG to apply the exclusion zones was made.

A case management hearing will take place on July 11, where carve outs to the undertaking will be raised. MMG want to use light vehicles on the roads, and be able to retrieve machinery, which they will likely argue should not be a breach of the undertaking.

"MMG's arrogant flouting of the Federal Court ruling was illegal," Mr Brown said.

In a separate legal case in the Supreme Court, the Bob Brown Foundation (BFF) is challenging the legality of a mining lease granted to MMG by Resources Minister Guy Barnett.

BBF is claiming that it is likely the Minister will be a witness in the proceedings.

"Minister Guy Barnett admitted his first issue of a licence in July 2021 was invalid. Minister Guy Barnett then granted another lease in January 2022," BBF said.

"The Supreme Court has ordered all documents be produced that informed the new decision by the Minister via a personal affidavit by Mr Barnett."

A Tasmanian Government spokesperson said providing affadavits is standard practice.

"It is not unusual as part of court proceedings for affidavits to be required...it would be inappropriate to comment further."

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