French v Bremner

In *French v Bremner*, the appellant sought to vacate a hearing date due to difficulties arising from the COVID-19 pandemic, specifically his chronic medical condition and inability to travel to Sydney to prepare court books and obtain legal advice. The respondent had sought summary judgment in default of appearance in the High Court after the matter was removed there.

The Court of Appeal was required to determine whether to vacate the hearing date for the appellant's motion, and whether the matter should have been removed to the High Court under s 40(2) of the *Judiciary Act 1903* (Cth). It also considered whether the Supreme Court had the jurisdiction to make an order that could be made by a Justice of the High Court sitting in chambers, engaging s 17 of the *Judiciary Act 1903* (Cth) and the High Court's constitutional power to control its business under s 73 of the Constitution.

Basten JA found that the appellant had demonstrated sufficient grounds to vacate the hearing date, noting that the difficulties were not of his own making. Regarding the removal to the High Court, his Honour observed that the respondent had failed to file an appearance in the High Court, which was a prerequisite for the summary judgment application. The court also determined that the Supreme Court possessed the necessary jurisdiction to deal with the matter.

The court ordered that the direction for the hearing of the appellant's motion on 4 May 2020 be vacated, and that the appellant's motion filed on 17 December 2019 be dismissed. Costs of the motion were made costs in the appeal, and directions made by the Registrar on 1 April 2020 were set aside. The matter was returned to the Registrar's list for further directions after the parties had an opportunity to agree on an appropriate timetable.