Asmar & Ors v Albanese & Ors

[2022] HCATrans 45

[2022] HCATrans 045

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M17 of 2022

B e t w e e n -

DIANA ASMAR, ON BEHALF OF HERSELF AS A MEMBER OF THE VICTORIAN BRANCH OF THE AUSTRALIAN LABOR PARTY AND AS A MEMBER OF THE VICTORIA NO. 1 BRANCH OF THE HEALTH SERVICES UNION (‘HSU’), AND IN A REPRESENTATIVE CAPACITY ON BEHALF OF ALL INDIVIDUAL MEMBERS OF THE VICTORIAN BRANCH OF THE AUSTRALIAN LABOR PARTY AND MEMBERS OF AFFILIATED TRADE UNIONS OF THE VICTORIAN BRANCH OF THE AUSTRALIAN LABOR PARTY, EXCEPT FOR THOSE MEMBERS OF THE VICTORIAN BRANCH OF THE AUSTRALIAN LABOR PARTY OR OF AFFILIATED UNIONS OF THE VICTORIAN BRANCH OF THE AUSTRALIAN LABOR PARTY WHO ARE RESPONDENTS IN THIS PROCEEDING, AND OTHERS ACCORDING TO THE SCHEDULE

Applicants

and

THE HONOURABLE ANTHONY ALBANESE, IN HIS CAPACITY AS A MEMBER OF THE NATIONAL EXECUTIVE OF THE AUSTRALIAN LABOR PARTY, AND OTHERS ACCORDING TO THE SCHEDULE

Respondents

GAGELER J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 25 MARCH 2022, AT 12.00 PM

Copyright in the High Court of Australia

____________________

HIS HONOUR:   In accordance with the protocol for remote hearings, I will announce the appearances of the parties.

MR E.M. NEKVAPIL appears with MS K.E. BROWN for the applicants.  (instructed by Robinson Gill Lawyers)

MR B.W. WALKER, SC appears with MR P.G. WILLIS, SC for the first to ninth, 11th, 14th to 21st and 23rd and 24th respondents.  (instructed by Holding Redlich)

MR B.D.J. PATRICK appears for the tenth, 12th and 13th respondents.  (instructed by Patrick & Associates)

There is no appearance for the 22nd, 25th and 26th respondents.

HIS HONOUR:   Having read the papers, including the recent correspondence that was forwarded to the Registry of the Court, I thought it most efficient in the circumstances to circulate some draft orders that reflect my current thinking.  The orders can be inferred to be designed to produce at least a preliminary result on the application for special leave to appeal by Thursday of next week.  If special leave were then or thereabouts to be refused, that of course would be the end of the matter.

If special leave were then or thereabouts to be granted, or the application for special leave to appeal were to be referred to an enlarged bench, then the logistics and perhaps even the continuing utility of a hearing could be discussed at that point.  That reflects my current thinking.  It is not intended to dissuade anyone from trying to persuade me otherwise.  Mr Nekvapil.

MR NEKVAPIL:   Your Honour, we would not seek to persuade your Honour otherwise.  And therefore, could I reserve any submissions we might make for reply in case the respondents do so wish to persuade your Honour?

HIS HONOUR:   Certainly.  Mr Walker.

MR WALKER:   There will not be any need for my friend to reply, we have nothing to say against those orders being made.

HIS HONOUR:   Very well.  Mr Patrick?  I cannot hear you, Mr Patrick.

MR PATRICK:   Your Honour, we share Mr Walker’s view.

HIS HONOUR:   Thank you.  In those circumstances, the orders that I will make, as reflected in the draft, are as follows:

1. The application for special leave to appeal is expedited.

1. The respondents are to file their response at or before 4pm on Monday 28 March 2022.

1. The applicants are to file any reply at or before noon on Tuesday 29 March 2022.

1. The provision of Rule 41.07 of the High Court Rules 2004, concerning the preparation of an Application Book, is dispensed with.

1. The costs of the application for expedition are the applicants’ costs in the application for special leave to appeal.

Those are the orders that I make.  The Court will now adjourn.

AT 12.08 PM THE MATTER WAS CONCLUDED