Libertyworks Inc and Commonwealth Of Australia

[2020] HCATrans 116

[2020] HCATrans 116

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S10 of 2020

B e t w e e n -

LIBERTYWORKS INC

Plaintiff

and

COMMONWEALTH OF AUSTRALIA

Defendant

BELL J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 20 AUGUST 2020, AT 9.30 AM

Copyright in the High Court of Australia

MR R. SCHEELINGS:   Your Honour, I appear for the plaintiff.  (instructed by Speed and Stracey Lawyers)

MR B.K. LIM:   I appear for the Commonwealth.  (instructed by Australian Government Solicitor)

HER HONOUR:   Gentlemen, I see that a draft special case was filed, I understand possibly after hours yesterday.  I should tell you that the first I saw of it was relatively recently, so I have only had a brief opportunity to read through it.  I see there are draft competing minutes of order.  Mr Scheelings, can you perhaps explain your position?

MR SCHEELINGS:   Yes, your Honour.  The plaintiff is content to rely on the Commonwealth’s orders.

HER HONOUR:   I see.  Yes.

MR SCHEELINGS:   The difference was a November date…...though, of course, ultimately that is a question for the Court.

HER HONOUR:   Yes.  Just bear with me, gentlemen.  I have been handed the draft, but it is not quite clear to me which is the Commonwealth’s and which is Mr Scheelings, so perhaps, Mr Lim, you can assist me.

MR LIM:   I can, your Honour.  If your Honour turns to order 10, on the Commonwealth’s version that date should be 20 November 2020.  This is a timetable based on Part 44 of the Rules.

HER HONOUR:   Yes.

MR LIM:   It would have the matter ready for hearing at 5 December, if that was convenient to the Court.

HER HONOUR:   Yes.  I would just indicate to the parties that in December the Court will not be able to sit with more than five Justices and it may be that in light of that and the issues that are raised, the greater likelihood is of the matter being heard, perhaps, in March of next year.

I propose to make orders in terms of orders 1 to 12 in the draft minute of order proposed by the Commonwealth, to which the plaintiff agrees.  I think for the avoidance of doubt, I will read the orders.

1.The plaintiff is to file and serve any special case and proposed questions of law agreed between the parties by 4.00 pm on 21 August 2020. 

2.If a special case is filed in accordance with order 1, then pursuant to rule 27.08.1 of the High Court Rules2004 (Cth), the questions stated by the parties in the special case be referred for consideration by a Full Court on a date to be fixed.

3.In the event of a referral in accordance with order 2, orders 4 to 10 take effect.

4.The plaintiff file and serve a special case book by 4.00 pm on 4 September 2020.

5.The plaintiff file and serve written submissions of no more than 20 pages by 4.00 pm on 18 September 2020.

6.Any intervener in support of the plaintiff file and serve written submissions of no more than 20 pages by 4.00 pm on 2 October 2020.

7.The defendant file and serve written submissions of no more than 20 pages by 4.00 pm on 16 October 2020.

8.Any intervener in support of the defendant and any intervener who does not intervene in support of either party file and serve written submissions of no more than 20 pages by 4.00 pm on 30 October 2020.

9.The plaintiff file and serve any written submissions in reply of no more than five pages by 4.00 pm on 6 November 2020.

10.The plaintiff file and serve the joint book of authorities in accordance with the High Court Practice Direction 1 of 2019 by 4.00 pm on 20 November 2020.

11.The parties have liberty to apply on three days’ written notice.

12.Costs be in the cause.

I will note with respect to order 1 that a draft special case has been filed and I will indicate, gentlemen, in the event that the special case and proposed questions of law agreed by the parties filed in accordance with order 1 depart in a significant or material respect from the draft, the matter should be drawn to my attention. 

If there is nothing further, the Court will adjourn.

AT 9.39 AM THE MATTER WAS ADJOURNED