Love v Commonwealth of Australia; Thoms v Commonwealth of Australia

The proceedings before the High Court of Australia involved two separate matters, *Love v Commonwealth of Australia* and *Thoms v Commonwealth of Australia*. The plaintiffs in both matters were represented by Mr S.J. Keim, SC, while the defendant, the Commonwealth of Australia, was represented by Mr N.M. Wood. The core of the proceedings concerned the scheduling and procedural directions for the hearing of special cases filed in each matter, which were to be considered concurrently by the Full Court.

The primary legal issues before the Court related to the timetable for filing submissions and other documents, and the date for the concurrent hearing of the two special cases. The parties presented competing proposals for these timelines, with considerations including the availability of counsel, particularly the Solicitor-General for the Commonwealth, and the desire to ensure adequate preparation time for all parties. The Court was required to balance these competing interests to establish a practical and efficient procedural framework for the upcoming hearing.

The Court ultimately made orders for the concurrent hearing of the special cases by the Full Court, setting specific dates for the filing of submissions by the plaintiffs and the defendant, as well as reply submissions and a joint book of authorities. The plaintiffs were directed to file their submissions by Tuesday, 2 April 2019, the defendant by Monday, 15 April 2019, and the plaintiffs' reply submissions by Friday, 26 April 2019. A joint book of authorities was to be filed by Wednesday, 1 May 2019. The hearing itself was to be listed on a date to be fixed by the Court, with the Court indicating it would likely be scheduled within the May sittings.