Duman & Ors v Commonwealth of Australia

This matter came before the High Court of Australia concerning an application by the plaintiffs, Zehra Duman, Jarrah Ramadan, and Layla Afenah, represented by Ms G. Watson Keesing, and the defendant, the Commonwealth of Australia, represented by Mr P.D. Herzfeld. The proceeding involved a dispute requiring the court to make orders regarding the conduct of the litigation, including the appointment of a litigation guardian and the timetable for the filing of pleadings and the preparation of a special case.

The primary legal issue before the court was the appropriate procedural timetable for the progression of the case, particularly in light of the plaintiffs' location and the desire for expedition. The court was also required to determine whether to dispense with certain procedural rules concerning the appointment of a litigation guardian for the second and third plaintiffs.

The court, presided over by His Honour, considered draft minutes of orders proposed by the parties. The parties agreed to an accelerated timetable for the exchange of pleadings and the negotiation of a special case, which would allow the matter to be heard in September. His Honour agreed with the proposed accelerated timetable, noting that it was more realistic for a September hearing. The court also made an order appointing the first plaintiff, Zehra Duman, as the litigation guardian for the second and third plaintiffs, nunc pro tunc, dispensing with compliance with rule 21.08.7 of the High Court Rules 2004 (Cth) due to the difficulty in obtaining written consent.

The court made orders accordingly, including the appointment of the litigation guardian, specific dates for the filing of the defence and reply, the provision of a draft special case, proposed amendments, and notification of agreement on the special case. The proceeding was listed for directions on 27 July 2020, with costs to be in the cause and liberty to apply.