Charlie v Director, NSW & Act Case Resolution & Ors

[2011] HCATrans 257

[2011] HCATrans 257

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S252 of 2011

B e t w e e n -

DANIEL FRANK CHARLIE

Plaintiff

and

DIRECTOR, NSW & ACT CASE RESOLUTION

First Defendant

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Second Defendant

COMMONWEALTH OF AUSTRALIA

Third Defendant

Application for an order to show cause

HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 12 SEPTEMBER 2011, AT 9.35 AM

Copyright in the High Court of Australia

MR J.K. KIRK:   May it please the Court, I appear for the plaintiff with my learned friend, MR J. ZERILLI.  (instructed by Henry Davis York Lawyers)

MR G.R. KENNETT, SC:   May it please the Court, I appear for the second and third defendants.  The first defendant has filed a submitting appearance.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes, thank you.  Indeed, there is a submitting appearance on the file.  I understand, Mr Kirk, that the parties have agreed that this should be stood over for 10 days or so, so that negotiations, to speak neutrally, can take place about the terms on which a visa might be granted?

MR KIRK:   Yes, precisely so, your Honour.

HIS HONOUR:   Would 22 September be all right?

MR KIRK:   Suitable for both of us.

HIS HONOUR:   Very well.  If there is nothing else?

MR KIRK:   No.

HIS HONOUR:   The parties have agreed that this application for an order to show cause why a writ of habeas corpus should not issue should be stood over to 22 September 2011 to permit discussions to take place on the conditions which might be applied in relation to any visa the second defendant might grant under section 195A of the Migration Act 1958 (Cth). Accordingly, I make the following orders by consent:

1.The matter is stood over to 22 September 2011.

2.There be liberty to apply.

Is that agreed to?

MR KENNETT:   Yes, your Honour.

MR KIRK:   Yes, your Honour.

HIS HONOUR:   Thank you.

AT 9.36 AM THE MATTER WAS ADJOURNED