Keech v The Queen

[2003] HCATrans 754

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M157 of 2002

B e t w e e n -

IAN NORMAN KEECH

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

McHUGH J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 20 JUNE 2003, AT 11.13 AM

Copyright in the High Court of Australia

MR M.E. FALTERMAIER:   If the Court pleases, I appear on behalf of Byrne & Clark, the solicitors on record for Mr Keech, and I appear in relation to the notice of motion filed with the Court.  (instructed by Byrne & Clark) 

MR P.A. COGHLAN, QC:   If it please the Court, I appear with my learned friend, MS S.E. PULLEN, on behalf of the respondent.  (instructed by Office of Public Prosecutions) 

McHUGH J:   Yes, Mr Coghlan.

MR COGHLAN:   It seems to me, your Honour, that even though the applicant has not expressed it in terms, he is making an application for an adjournment, in terms of what he expresses in his affidavit opposing the withdrawal of his solicitors.  In ordinary circumstances, I might have been prepared to argue that the application is so devoid of merit that he should not have such an adjournment.  However, given the present dispute with his solicitors, it would seem unreasonable to deprive him of the adjournment.  It equally seems inappropriate to bind the solicitors to the record.

The matters of fact that are in dispute between the applicant and his solicitors really fall to be decided by somebody else such as the Law Society or whatever.  Certainly, the matters of fact are not going to be decided in this Court, or could be decided in this Court.

McHUGH J:   So you have no objection to the solicitors withdrawing from the ‑ ‑ ‑

MR COGHLAN:   No, your Honour.  It would seem to me, the applicant himself, when he said to them “Return my funds”, was giving them a pretty clear message.  There is now a dispute about whether the funds were…..or not.  It is not whether he was really wanting them to continue to act.

McHUGH J:   The Court proposes to grant an adjournment of this matter and we will give the solicitors on the record leave to withdraw.

The Court will now adjourn to reconstitute.

AT 11.16 AM THE MATTER WAS CONCLUDED