Frederick Chetcuti and Commonwealth Of Australia

This matter came before the High Court of Australia concerning an application by the plaintiff, Frederick Chetcuti, and the defendant, the Commonwealth of Australia. The central issue was whether the case should be determined by a single Justice of the Court or referred directly to the Full Court. The plaintiff sought referral to the Full Court, citing the unresolved nature of certain legal authorities, particularly in light of the recent decision in *Love and Thoms*, which addressed competing views on the separation of the Crown of Australia from the Crown of the United Kingdom. The Commonwealth indicated it would not oppose referral to the Full Court if the Court was so minded, but would also be content for a single Justice to determine the matter.

The Court was required to consider the procedural path for the case, balancing the plaintiff's request for a Full Court determination with the practical considerations of the Court's availability and the plaintiff's detention. The plaintiff also highlighted his age and impecuniosity as factors favouring a speedy resolution. The Court ultimately determined that it would hear the matter as a single Justice, given the advanced stage of preparation by both parties and the potential for a more immediate hearing.

The Court then set a timetable for the exchange of further written submissions, with the plaintiff to file and serve submissions not exceeding 20 pages by 2 November 2020, and the Commonwealth to file and serve its submissions, also not exceeding 20 pages, by 6 November 2020. The plaintiff was to file any reply submissions, not exceeding five pages, by 9 November 2020. The parties were also directed to file a special case book by 2 November 2020. The hearing was scheduled to take place remotely before a single Justice on 10 November 2020, commencing at 10.00 am.