Lane v Morrison & Anor

[2009] HCATrans 2

[2009] HCATrans 002

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  No C3 of 2008

B e t w e e n -

BRIAN GEORGE LANE

Plaintiff

and

COLONEL PETER JOHN MORRISON

First Defendant

COMMONWEALTH OF AUSTRALIA

Second Defendant

Directions

FRENCH CJ

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 16 JANUARY 2009, AT 9.30 AM

Copyright in the High Court of Australia

HIS HONOUR:   For reasons I now publish, the orders I will make in the matter are as follows:

1.The name of the first defendant be amended to Colonel Peter John Morrison, a Military Judge of the Australian Military Court.

2.The plaintiff have leave to file a further amended application for an order to show cause in the form notified in the Registry on 9 January 2009.

3.The further amended application for an order to show cause, insofar as it seeks relief on grounds 4, 5 and 7, be dismissed.

4.The further amended application for an order to show cause, insofar as it seeks relief on grounds 1, 2, 3 and 6, be referred for further hearing by a Full Court.

5.The plaintiff file and serve a revised section 78B notice by not later than 4.00 pm on 23 January 2009 and file an affidavit of service by not later than 4.00 pm on 2 February 2009.

6.The second defendant prepare and file an application to show cause book in accordance with the index as settled by the Registry by not later than 4.00 pm on 10 March 2009 being within 10 working days of the plaintiff filing the affidavit of service of the section 78B notice.

7.The standard timetable for filing submissions set out in High Court Practice Direction No 1 of 2000 be varied as follows:

7.1The plaintiff shall file and serve its written submissions on or before 6 February 2009.

7.2The second defendant shall file and serve its written submissions at least 15 clear working days before the hearing of the further amended application by the Full Court.

7.3Any intervener shall file and serve its written submissions at least 10 clear working days before the hearing of the further amended application by the Full Court.

7.4The plaintiff may file and serve written submissions in reply at least five working days before the hearing of the further amended application by the Full Court.

7.5The second defendant may file and serve written submissions in reply to any interveners at least five working days before the hearing of the further amended application by the Full Court.

8.Costs of this hearing be costs in the cause.

9.The plaintiff’s summons dated 16 July 2008 be otherwise dismissed.

10.Liberty to apply in writing on three clear working days notice.

I publish the reasons.  It is my hope, gentlemen, that we will be able to list the matter for hearing in the April sittings of the Court.  The Court will now adjourn.

AT 9.32 AM THE MATTER WAS ADJOURNED