Byrnes v The Repatriation Commission

This matter concerned an application for special leave to appeal in *Byrnes v The Repatriation Commission*, heard in the High Court of Australia. The applicant, represented by Mr. A.T. McInnes, QC, and Mr. I. Sanderson, sought an adjournment of the proceedings. The respondent, the Repatriation Commission, was represented by Mr. A.R. Emmett, QC, and Mr. R.M. Henderson.

The central legal issue before the Court was whether the case presented a question similar to that being considered in a related matter, *Bushell v The Repatriation Commission*. The parties sought to determine if the resolution of the issue in *Bushell* would also resolve the issue in *Byrnes*, thereby making an adjournment appropriate.

The Chief Justice, Mason CJ, noted the potential similarity between the cases. Counsel for the applicant, Mr. McInnes, formally requested that the matter stand over until judgment was handed down in *Bushell*, stating that the *Bushell* case might resolve the issue in *Byrnes*. Counsel for the respondent, Mr. Emmett, indicated that this course of action had been considered by his instructing solicitors. By consent of both parties, the Court ordered that the matter be adjourned to a date to be fixed.