Attorney-General of the Commonwealth v Thoms & Anor

The High Court of Australia heard an application by the Attorney-General of the Commonwealth concerning the detention of Mr Brendan Craig Thoms. The dispute centred on whether Mr Thoms' detention between 28 September 2018 and 11 February 2020 was unlawful. The matter was removed from the Federal Court of Australia to the High Court for determination.

The primary legal issue before the Court was to determine the lawfulness of Mr Thoms' detention during the specified period. This question was to be decided based on facts agreed upon by the parties and set out in exhibit NLM-8 to an affidavit. The Court was also required to make directions for the further progression of the case, including the filing of submissions by the parties and any interveners, and to make orders as to costs.

The Court reasoned that the question of Mr Thoms' detention's lawfulness was a constitutional and legal question that could be determined on the agreed facts. The Court ordered the removal of the question from the Federal Court to the High Court. Directions were made for the parties to file written submissions, with specific page limits and deadlines. The Court also directed that Part 44 of the High Court Rules 2004 would apply to the proceeding, with necessary adaptations. The Attorney-General of the Commonwealth was ordered to pay the first respondent's reasonable costs of the removed proceeding.