Babet & Anor v Commonwealth of Australia; Palmer v Commonwealth of Australia

[2024] HCATrans 94

[2024] HCATrans 94

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B73 of 2024

B e t w e e n -

RALPH BABET

First Plaintiff

NEIL FAVAGER

Second Plaintiff

and

COMMONWEALTH OF AUSTRALIA

Defendant

Office of the Registry
  Brisbane  No B74 of 2024

B e t w e e n -

CLIVE FREDERICK PALMER

Plaintiff

and

COMMONWEALTH OF AUSTRALIA

Defendant

GAGELER CJ

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA AND BY VIDEO CONNECTION

ON TUESDAY, 24 DECEMBER 2024, AT 10.02 AM

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 D.F. VILLA, SC appears with MR P.F. SANTUCCI in B73/2024 for the first and second plaintiffs.  (instructed by Alexander Law)

MR B.K. LIM appears with MS C. ERNST in both matters for the respondent.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Is there an appearance in the Palmer matter for Mr Palmer?

MR VILLA:   Your Honour, I do not appear for Mr Palmer in that matter, but I understand that he will not be appearing today.  My understanding is he is content for orders in his matter to reflect the orders that are made in B73/2024.

HIS HONOUR:   One would have expected a communication from Mr Palmer himself in that matter.  I have read the submissions of the parties.  My view is that the matters should progress together and that they should share the same procedural fate, whatever that might ultimately be.  The Full Court can accommodate a hearing on

Friday, 7 February.  With that in view, my inclination is to make orders in the form proposed by the defendant in annexure B to the submissions – only, at this stage, orders 1 and 2.  I would be inclined to make orders in the same terms in each matter, subject to hearing from both of you.

If a special case is filed on 13 January, I would expect it to be filed with consent directions that would have the net matter ready for hearing on 7 February.  The last step, that is, the filing of the joint book of authorities, should be a week before, that is, Friday 31 January.  If a special case is not filed on that day, then my proposal currently would be, the following day, to remit both matters to the Federal Court.  The parties can, on 13 January, if they wish, file submissions as to why that should not occur, but that is my current inclination.  Mr Villa, do you have anything to say about that proposal?

MR VILLA:   Your Honour, the only thing that we would ask for is an order between orders 1 and 2 requiring the defendant to provide a response or any amended draft special case so that there is at least a requirement for engagement to occur by a particular date, so that if there are issues that arise, then they can be ventilated between the parties.  Perhaps if that could be done by 10 January.

HIS HONOUR:   Mr Lim?

MR LIM:   I do not seek to be heard against that, your Honour.

HIS HONOUR:   All right.  Very well.  The orders I propose to make in each of the two proceedings are as follows:

1.On or before 4.00 pm on 2 January 2025, the plaintiff or plaintiffs serve a draft special case on the defendant and any interveners;

2.On or before 4.00 pm on 10 January 2025, the defendant respond to the draft special case; and

3.On or before 4.00 pm on 13 January 2025, the plaintiff or plaintiffs file any agreed special case.

Those are the orders that I do make in each matter.  As I said before, I do expect these two matters to travel together.  Unless a special case is agreed in each matter, or one of the matters is discontinued, the two matters will be remitted to the Federal Court.  Is there anything else to discuss, Mr Lim?

MR LIM:   No.  Thank you, your Honour.

HIS HONOUR:   Mr Villa?

MR VILLA:   No.  Thank you, your Honour.

HIS HONOUR:   Thank you.  Very well.  The Court will now adjourn.

AT 10.09 AM THE MATTERS WERE ADJOURNED