ABL18 v Minister for Home Affairs & Anor

[2021] HCATrans 50

[2021] HCATrans 050

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A8 of 2020

B e t w e e n -

ABL18

Applicant

and

MINISTER FOR HOME AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 30 MARCH 2021, AT 9.26 AM

Copyright in the High Court of Australia

HER HONOUR:   On 16 December 2020, the applicant’s solicitor filed an application seeking leave to withdraw as solicitor on file. Having regard to the affidavit material before the Court, including the correspondence exhibited to the affidavits, I am satisfied that the applicant’s solicitor has complied with the requirement under rule 6.02.5(c) of the High Court Rules 2004 (Cth) to give notice in writing to the applicant of their intention to apply for leave to withdraw prior to making the application to this Court and that, in all of the circumstances, it is appropriate for leave to be granted. Under rule 6.02.5(c), withdrawal will be complete upon the applicant’s solicitor serving a copy of the order granting leave to withdraw on every other party to this proceeding.

Accordingly, pursuant to rule 13.03.1 of the High Court Rules 2004 (Cth), I direct that the application filed on 16 December 2020 be determined without listing it for hearing and direct the Registrar to draw up, sign and seal an order (1) granting the applicant’s solicitor leave to withdraw as solicitor for the applicant pursuant to rule 6.02.5(c) of the High Court Rules2004 (Cth); (2) ordering the applicant’s solicitor to serve a copy of that order on the applicant and on every other party in accordance with rule 6.02.5(c) of the High Court Rules2004 (Cth); (3) ordering the applicant’s solicitor to give notice in writing to the Court and to every other party of the applicant’s last‑known address for service; and (4) otherwise dismissing the application filed on 16 December 2020.

Accordingly, in matter No A8/2020 the orders of the Court are:

1.Pursuant to rule 6.02.5(c) of the High Court Rules2004 (Cth) the applicant’s solicitor is granted leave to withdraw as solicitor for the applicant.

2.The applicant’s solicitor is to serve a copy of this order on the applicant and every other party.

3.The applicant’s solicitor is to give notice in writing to the Court and to every other party of the applicant’s last‑known address for service.

4.The application filed on 16 December 2020 is otherwise dismissed.

I publish those orders.

AT 9.29 AM THE MATTER WAS CONCLUDED