Alford & Anor v Parliamentary Joint Committee on Corporations and Financial Services

[2018] HCATrans 249

[2018] HCATrans 249

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B59 of 2018

B e t w e e n -

ANTHONY JAMES ALFORD

First Plaintiff

ALICIA JAYNE ATKINSON

Second Plaintiff

and

PARLIAMENTARY JOINT COMMITTEE ON CORPORATIONS AND FINANCIAL SERVICES

Defendant

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON THURSDAY, 22 NOVEMBER 2018, AT 2.15 PM

Copyright in the High Court of Australia

HER HONOUR:   On 19 November 2018, the plaintiffs filed an application seeking a writ of certiorari quashing directions made by the defendant for the plaintiffs to appear before it in relation to the defendant’s inquiry into the operation and effectiveness of the Franchising Code of Conduct; or, in the alternative, a declaration that each of those directions was void.

Also on 19 November 2018, the plaintiffs filed a summons seeking interlocutory relief, which was heard on 21 November 2018.  The summons sought relief in the form of, what was described as, a “stay” of each of the directions.

The Attorney‑General of the Commonwealth intervened pursuant to s 78A of the Judiciary Act 1903 (Cth).

The defendant informed the Court at the hearing of the summons that it would file a submitting appearance.

The plaintiffs’ application by summons filed 19 November 2018 should be dismissed.  Costs should follow the event.  The parties, and the Attorney‑General of the Commonwealth, should have the matter relisted for directions to address the future management of the plaintiffs’ substantive application.

I publish my reasons.

In matter number B59 of 2018, the order of the Court is:

1.The plaintiffs’ summons filed 19 November 2018 is dismissed with costs.

2.The parties, and the intervener, the Attorney‑General of the Commonwealth, should relist the matter for directions to address the future management of the plaintiffs’ substantive application.

I publish that order.

Adjourn the Court.

AT 2.17 PM THE MATTER WAS CONCLUDED