Byrnes & Anor v Kendle

[2010] HCATrans 152

[2010] HCATrans 152

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M85 of 2009

B e t w e e n -

GAYE LUCK

Plaintiff

and

FEDERAL COURT OF AUSTRALIA

First Defendant

CHIEF JUSTICE (FEDERAL COURT OF AUSTRALIA)

Second Defendant

PRINCIPAL REGISTRAR (FEDERAL COURT OF AUSTRALIA)

Third Defendant

THIRD DOCKET JUSTICE IN FEDERAL COURT OF AUSTRALIA MATTER VID444/2008

Fourth Defendant

DEAKIN UNIVERSITY

Fifth Defendant

CHIEF EXECUTIVE OFFICER OF CENTRELINK

Sixth Defendant

SECRETARY OF THE DEPARTMENT OF HUMAN SERVICES (COMMONWEALTH)

Seventh Defendant

UNIVERSITY OF SOUTHERN QUEENSLAND

Eighth Defendant

COMMONWEALTH OF AUSTRALIA

Ninth Defendant

FOURTH DOCKET JUSTICE IN FEDERAL COURT OF AUSTRALIA MATTER VID444/2008 AND DOCKET JUSTICE IN FCA MATTERS VID464/2008, VID476/2008, VID488/08 VID357/2009 AND VID65/2010

Tenth Defendant

JUSTICE IN PLAINTIFF’S REFUSED FEDERAL COURT OF AUSTRALIA APPLICATION OF 28/09/09 FOR AN ORDER OF REVIEW OF DECISIONS OF AAT, AAT DEPUTY PRESIDENT AND THE SEVENTH DEFENDANT ABOVE, AND SENIOR PRESIDING JUSTICE IN THE PLAINTIFF’S FCA APPEAL MATTER VID899/2008 IN RESPECT OF THE EIGHTH DEFENDANT ABOVE

Eleventh Defendant

ADMINISTRATIVE APPEALS TRIBUNAL

Twelfth Defendant

PRESIDENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL

Thirteenth Defendant

PRINCIPAL REGISTRAR OF THE ADMINISTRATIVE APPEALS TRIBUNAL

Fourteenth Defendant

PRESIDING MEMBER IN ADMINISTRATIVE APPEALS TRIBUNAL MATTER V2009/3331

Fifteenth Defendant

VICTORIAN DISTRICT REGISTRAR OF THE FEDERAL COURT OF AUSTRALIA

Sixteenth Defendant

DISTRICT REGISTRAR (MELBOURNE) OF ADMINISTRATIVE APPEALS TRIBUNAL

Seventeenth Defendant

CHIEF EXECUTIVE OFFICER OF DEAKIN UNIVERSITY

Eighteenth Defendant

AUSCRIPT AUSTRALASIA PTY LTD

Nineteenth Defendant

Office of the Registry
  Melbourne     No M10 of 2010

B e t w e e n -

GAYE LUCK

Applicant

and

SECRETARY OF THE DEPARTMENT OF HUMAN SERVICES

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

ADMINISTRATIVE APPEAL TRIBUNAL DEPUTY PRESIDENT

Third Respondent

Office of the Registry
  Melbourne     No M52 of 2009

B e t w e e n -

GAYE LUCK

Applicant

and

CHIEF EXECUTIVE OFFICER OF CENTRELINK (FREEDOM OF INFORMATION PRINCIPAL OFFICER)

Respondent

Office of the Registry
  Melbourne     No M110 of 2009

B e t w e e n -

GAYE LUCK

Plaintiff

and

AUSTRALIAN HUMAN RIGHTS COMMISSION

First Defendant

PRESIDENT OF AUSTRALIAN HUMAN RIGHTS COMMISSION

Second Defendant

COMMONWEALTH OF AUSTRALIA

Third Defendant

For mention

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 9 JUNE 2010, AT 10.14 AM

Copyright in the High Court of Australia

HER HONOUR:   These four matters were listed for hearing at 10.15 am today, Wednesday, 9 June 2010.

On 16 April 2010 the first respondent in M10 of 2010 filed a summons seeking orders that the application for removal filed by the applicant on 15 February 2010 be stayed pursuant to rule 27.09.4 of the High Court Rules 2004.

On 16 April 2010 the sixth, seventh and ninth defendants in M85 of 2009 filed a summons seeking orders that the application for an order to show cause filed by the plaintiff on 16 September 2009 be stayed pursuant to rule 27.09.4. On that date the eighth defendant also filed a summons seeking orders that the further amended application for an order to show cause filed by the plaintiff on 18 March 2010 be dismissed or permanently stayed. On 2 June 2010 the nineteenth defendant also filed a summons seeking orders that the further amended application for an order to show cause filed by the plaintiff on 18 March 2010 be dismissed or permanently stayed pursuant to rule 27.09.4. The eighth and nineteenth defendants also seek orders that they be removed as parties to the application pursuant to rule 21.05.1(a)

On 24 March 2010 I ordered that the applications for a stay in M85 of 2009 and M10 of 2010 be heard today.

On 24 March 2010 I ordered that the further hearing of the applicant’s amended summons of 19 February 2010 seeking a number of urgent orders in M10 of 2010 be listed for hearing today.  I also ordered that the further hearing of the plaintiff’s request for an extension of time within which to file and serve supporting affidavits, as sought in affidavits filed on 21 October 2009 and 29 October 2009, in relation to M85 of 2009 be heard today.

On 20 May 2010 the respondent in M52 of 2009 filed a summons seeking orders that the application for removal filed by the applicant on the 4 June 2009 be stayed pursuant to rule 27.09.4. On 20 May 2010 the third defendant in M110 of 2009 also filed a summons seeking orders that the application for an order to show cause filed by the plaintiff on 4 December 2009 be stayed. These applications were also listed for hearing today.

On 3 June 2010 Ms Luck filed an application by letter dated 3 June 2010, sent by facsimile, that these, and other, matters be stayed or adjourned for a period of at least two months due to her disabilities and pending the hearing and determination of her summons dated 9 April 2010 in relation to M26 of 2010.  M26 of 2010 is an appeal (including an application for leave to appeal, as required) against orders made in M85 of 2009 on 1 April 2010.  A medical certificate dated 2 June 2010 was attached to the application in support of an adjournment of two months.  Ms Luck also requested that only one matter per day and per week be listed for hearing, unless she is consulted and confirmed that she is able to deal with more than that.

In M10 of 2010, the party applying for a stay, the first respondent, is also one of the parties applying for a stay in M85 of 2009 (the seventh defendant).  One summary of argument has been filed in relation to both of these matters and the arguments raised in relation to both matters overlap to a great extent.  Accordingly, there would be some convenience to the parties, including Ms Luck, in having those matters heard together and some saving of costs.  However, there are two further matters which are to be heard in relation to both those matters which detract somewhat from the appropriateness of hearing the two matters together.

In relation to M52 of 2009 and M110 of 2009 different parties are applying for the stays in those matters.  Although those parties are represented by the same counsel and one summary of argument has been filed in relation to both matters, the document deals separately with the two matters.  It can be noted that there is also overlap with M85 of 2009.

The defendants and respondents in these matters, affected by the application for adjournment of the hearings of each of them, have indicated by letters to the Court that they do not object to further adjournment.

The circumstance that there is an appeal pending in M26 of 2010 would not of itself justify adjourning the hearing of the summonses.

However, taking into account all the circumstances, including the medical circumstances, in order to ensure that each summons referred to above may be dealt with efficiently and without further delays, and in an effort to contain further expenditure on costs, I propose to adjourn the hearing of all the summonses referred to above for the period requested and to list each proceeding separately.

No directions will be made for the filing and serving of written submissions by Ms Luck.  She may proceed with oral submissions.  However, it must be emphasised that Ms Luck may file and serve written submissions despite no directions requiring her to do so.  If Ms Luck takes that course, it would be convenient to other parties and to the Court if she filed and served any written submissions upon which she wishes to rely by no later than 24 hours before the hearings involved.

Accordingly, I make the following orders:

M85 of 2009

1.Adjourn the hearing of the sixth, seventh and ninth defendants’ summons dated 16 April 2010, the eighth defendant’s summons dated 16 April 2010 and the nineteenth defendant’s summons dated 2 June 2010 until 10.15 am on Wednesday, 11 August 2010.

2.Adjourn the further hearing of the plaintiff’s request for an extension of time within which to file and serve supporting affidavits until 10.15 am on Wednesday, 11 August 2010.

3.Costs reserved.

M10 of 2010

1.Adjourn the hearing of the first respondent’s summons dated 16 April 2010 until 10.15 am on Wednesday, 18 August 2010.

2.Adjourn the further hearing of the applicant’s summons dated 19 February 2010 until 10.15 am on Wednesday, 18 August 2010.

3.Costs reserved.

M52 of 2009

1.Adjourn the hearing of the respondent’s summons dated 20 May 2010 until 10.15 am on Wednesday, 8 September 2010.

2.Costs reserved.

M110 of 2009

1.Adjourn the hearing of the third defendant’s summons dated 20 May 2010 until 10.15 am on Wednesday, 15 September 2010.

2.Costs reserved.

Adjourn the Court.

AT 10.24 AM THE MATTERS WERE ADJOURNED