Filipovski v Ogemi Services Pty Ltd & Anor

[2010] HCATrans 65

[2010] HCATrans 065

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne     No M97 of 2009

B e t w e e n -

VIOLETA FILIPOVSKI

Applicant

and

OGEMI SERVICES PTY LTD

First Respondent

VICTORIAN WORKCOVER AUTHORITY

Second Respondent

Summons

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 17 MARCH 2010, AT 10.28 AM

Copyright in the High Court of Australia

MR J. PALMOS:   If your Honour pleases, I appear on behalf of the applicant.  (instructed by Ellis Palmos & Co Lawyers)

MR S.A. O’MEARA:   If your Honour pleases, I appear on behalf of the respondents.  (instructed by Lander & Rogers Lawyers)

HIS HONOUR:   This is your application, Mr Palmos, is it not, for leave to withdraw as solicitor?

MR PALMOS:   That is correct, your Honour.

HIS HONOUR:   There is an affidavit of service, I believe, of the papers on Ms Filipovski.  Have you had any contact with her?

MR PALMOS:   Since the service of the application, no.

HIS HONOUR:   Right.  Is there any aspect of the matter to which you think it desirable to draw my attention?

MR PALMOS:   Not particularly, your Honour.  I understand she has instructed other solicitors in relation to a related though not this matter, so that suggests that there might be plans in place.

HIS HONOUR:   Yes.  Is this a matter on which you would seek to be heard, Mr O’Meara?

MR O’MEARA:   Your Honour, only if there were to be directions or advice to the plaintiff in some way coming from the Court in respect to the future progress of the matter.  That is really the basis on which we appear on the summons.

HIS HONOUR:   Yes, thank you.  Then, Mr Palmos, it seems to me that if I give you leave to withdraw as solicitor upon your serving a copy of the order giving you leave on the opposite party and on the applicant, it would seem to me that withdrawal then becomes effective, is that right?

MR PALMOS:   That is correct, your Honour.

HIS HONOUR:   Yes.  You may take an order in those terms, that you have leave to withdraw as solicitor.  I will direct that you serve a copy of the order on the applicant and on the opposite party.  If I make the costs of today costs in the application, would that seem to be the appropriate way to proceed?

MR PALMOS:   I would have thought so, your Honour.

HIS HONOUR:   Yes.  There will be orders in those terms.  Thank you.

AT 10.30 AM THE MATTER WAS ADJOURNED