Glover v MIAC & Anor

[2008] HCATrans 360

[2008] HCATrans 360

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S364 of 2008

B e t w e e n -

DAVID GLOVER

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

MIGRATION REVIEW TRIBUNAL

Second Defendant

Application for order to show cause

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 20 OCTOBER 2008, AT 9.31 AM

Copyright in the High Court of Australia

MR A. MARKUS:   If your Honour pleases, I appear for the first defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes.  There is a submitting appearance from the Tribunal.

MR MARKUS:   That is correct, your Honour.

HIS HONOUR:   You received a medical certificate from Mr Glover?

MR MARKUS:   I have, your Honour.

HIS HONOUR:   What is your role in this, sir?

MR WHITE:   I am Mr Glover’s – he asked me to attend as his McKenzie friend, your Honour, just to explain ‑ ‑ ‑

HIS HONOUR:   Your name?

MR WHITE:   Julian White.

HIS HONOUR:   Thank you.  Just sit down for a moment.  There is also written material that has gone on; an amended outline dated 20 October 2008 and an affidavit from Mr Glover filed 20 October 2008, an affidavit from Mr Lisowski filed 20 October 2008 and an outline of further submissions.  Have you received these, Mr Markus?

MR MARKUS:   Your Honour, I have just been handed a folder.  I think it also contains an amended application for an order to show cause.

HIS HONOUR:   There is an amended application, I think.

MR MARKUS:   Yes, your Honour.

HIS HONOUR:   Yes, that is right, as well as the other documents.

MR MARKUS:   Yes, your Honour.

HIS HONOUR:   Now, this matter was last before the Court before Justice Heydon, was it not, on 15 September 2008?

MR MARKUS:   That is correct, your Honour.

HIS HONOUR:   His Honour has a list at 9.30 on Wednesday the 29th.  What I propose to do would be simply to adjourn it to that date.  But there will be no further adjournments, if you could make that quite plain, Mr White.

MR WHITE:   I certainly will, your Honour.

HIS HONOUR:   Thank you.

MR MARKUS:   Your Honour, there is no specific directions at this stage, but having looked at the amended application which has been filed, it will be necessary for us to file some additional material in response.

HIS HONOUR:   What will that go to?

MR MARKUS:   If your Honour looks at the amended application, your Honour will see that the original pleadings are comprised of some four paragraphs.

HIS HONOUR:   It has been quite heavily amended and supplemented.

MR MARKUS:   Now there is some 23 paragraphs seeking to challenge various purported decisions and decisions which undoubtedly have been made but have been made some five years ago, or four years ago, your Honour.

HIS HONOUR:   You already have an outline of submissions filed on 10 September 2008.

MR MARKUS:   We have, your Honour.

HIS HONOUR:   You wish to supplement them?

MR MARKUS:   Yes, your Honour.

HIS HONOUR:   Could that be done by when, do you think, realistically?

MR MARKUS:   Your Honour, we will do that by close of business on Friday.

HIS HONOUR:   Of this week?

MR MARKUS:   The 24th.

HIS HONOUR:   This week.  That would be Friday, the 24th.

MR MARKUS:   Yes, your Honour

HIS HONOUR:   I direct that any supplementary outline of submissions for the first defendant in response to the additional material filed on 20 October 2008 will be filed and served by Friday, 24 October 2008 at 4.00 pm.  I will adjourn the further hearing of the matter to Wednesday, 29 October 2008 at 9.30 am.  The costs of today will be costs in the application.

MR MARKUS:   If the Court pleases.

HIS HONOUR:   Do you understand all that, Mr White?

MR WHITE:   I think I do.  Yes, thank you, your Honour.

HIS HONOUR:   Thank you.  I will now adjourn.

AT 9.36 AM THE MATTER WAS CONCLUDED