Downey v The Queen

This matter came before the High Court of Australia concerning an application by Downey. The Crown was represented by Mrs. Kavanagh, and Ms. Loukas appeared for the applicant. The immediate issue before the Court was the delay in filing the applicant's affidavits and associated documentation.

The primary legal issue was whether there was a satisfactory explanation for the applicant's delay in filing the required documents, particularly in light of the time limits prescribed by the Court's rules and practice directions. This involved determining when the judgment of the Court of Criminal Appeal, which was central to the applicant's case, became available.

The Court heard that the applicant's counsel attributed the delay to the late availability of the Court of Criminal Appeal's judgment, stating it was not provided to senior counsel until 3 May. However, the Crown indicated they received their copy on 24 March, and the Deputy Registrar's notes suggested the judgment had been available earlier. The Court found no satisfactory explanation for the delay, noting that the applicant's solicitors may have attended the wrong registry. The Court expressed its dissatisfaction with the perceived cavalier attitude of some solicitors towards compliance with time limits and stated it would no longer tolerate such delays.