The Australian government is legislating to enforce plain packaging for cigarettes inside a bid to reduce smoking, angering the industry which has described the reform like a misguided attack on their brands and intellectual property rights.
After the plan was initially announced, BAT asked the Federal Court to force the government to release its secret legal counsel on the plan, suspecting Canberra's own lawyers had warned it long ago that this type of move would infringe on property rights.
The industry hopes such advice would strengthen its case for any legal challenge against the validity of the proposed law, which is likely to be approved by parliament this year.
"We are definitely looking to appeal and will try to get to the High Court as quickly as possible, " said Scott McIntyre, a spokesman for BAT's Australian arm.
"We are planning that if they are not prepared to release it, maybe it's since it demonstrates that the plain packaging laws are flawed. "
Another tribunal a week ago rejected a similar request for government legal documents by U. S. -based Philip Morris.
Health Minister Nicola Roxon said on Wednesday the federal government was determined to implement the plain-packaging reform, which is due to take effect next year and provide Australia the world's most restrictive anti-smoking laws.
"I don't really think it's helping them but ultimately they've been clear that they'll fight this tooth and nail and we've been just as clear that people won't let them bully us into stopping this, " Roxon said.
The low house of parliament, where the government has a one-seat majority with the actual backing of Green and independent MPs, began considering the laws on Thursday.
The conservative opposition wants some changes to allow some very modest type of branding on cigarette packets, but it too is broadly in favour from the reform.
New Zealand, Canada, the European Union and Britain are considering similar laws and governments in those countries are closely watching to determine if Australia succeeds.
Analysts say plain packaging could also spread to emerging markets for example Brazil, Russia and Indonesia.
Australia's total tobacco market revenue grew to about $10 billion last year, though smoking generally has been in decline.
Smoking is the largest preventable cause of disease and death in the united kingdom.