Ajs v The Queen

[2006] HCATrans 719

[2006] HCATrans 719

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M2 of 2006

B e t w e e n -

AJS

Applicant

and

THE QUEEN

Respondent

Publication of reasons and pronouncement of orders

KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON WEDNESDAY, 20 DECEMBER 2006, AT 11.56 AM

Copyright in the High Court of Australia

KIRBY J:   This was a matter which was heard in Melbourne on 29 September 2006 by a Court constituted by Justices Hayne, Callinan and myself.  At the conclusion of the hearing, the Court, without proceeding to make final orders in disposition of the application for special leave, made certain procedural orders for the filing of amended submissions by the parties.  This was done with a view, if possible, to the matter proceeding either by agreement between the parties and consent orders or by orders of the Court as on an appeal.  It has not proved possible for the parties to agree in the matter.  Nor, in the view of the Court, is it appropriate for the Court as presently constituted to deal with the matter as on the return of an appeal.

However, having considered the application for special leave and the additional submissions, the Court grants special leave to appeal to the applicant.  The appeal will be heard by the Court constituted by five Justices as a one‑day appeal.  What I have just said is said on behalf of Justices Hayne and Callinan as well as myself.  The order of the Court, therefore, is special leave is granted. 

I express my thanks to Justice Callinan and also a happy Christmas and New Year to those who are present in Brisbane.  Adjourn the Court now until 3.30 pm on Monday, 29 January 2007 in Canberra.

AT 11.59 AM THE MATTER WAS CONCLUDED