Luck v Australian Human Rights Commission & Ors

[2010] HCATrans 244

[2010] HCATrans 244

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M110 of 2009

B e t w e e n -

GAYE LUCK

Plaintiff

and

AUSTRALIAN HUMAN RIGHTS COMMISSION

First Defendant

PRESIDENT OF AUSTRALIAN HUMAN RIGHTS COMMISSION

Second Defendant

COMMONWEALTH OF AUSTRALIA

Third Defendant

Directions

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 15 SEPTEMBER 2010, AT 10.16 AM

Copyright in the High Court of Australia

__________________

HER HONOUR:   This matter comes before the Court by reason of orders made on 9 June 2010:

1.Adjourn the hearing of the third defendant’s summons dated 20 May 2010 until 10.15 am on Wednesday, 15 September 2010.

2.Costs reserved.

On 19 July 2010 the plaintiff filed an application, by letter, sent by facsimile, that the further hearing of these matters be stayed or adjourned until the plaintiff is able to attend properly to her matters.  A medical certificate dated 9 July 2010 was attached to the application in support of an adjournment.  The medical certificate extended the period of medical certification for a further month, effective from 2 August 2010, and indicated that following the end of that period the plaintiff would need a further period of several weeks before attending to preparation in relation to various of her legal proceedings.

It is not clear when the plaintiff will be in a position to attend to this matter.  In respect of three other matters concerning the plaintiff, M85 of 2009, M10 of 2010 and M52 of 2009, the Court has ordered that proceedings be adjourned to a date to be fixed, and that the parties have liberty to restore the matter to the list on 14 days’ written notice.  On 13 September 2010, the third defendant indicated by letter that it did not oppose such an order being made in respect of this matter.

The first and second defendants have filed submitting appearances, submitting to any order the Court may make in the matter, save as to costs.

Accordingly, I now make the following orders:

1.The hearing of the third defendant’s summons, returnable on 15 September 2010, be adjourned to a date to be fixed.

2.The parties have liberty to restore the matter to the list on 14 days’ written notice.

3.Costs be reserved.

Adjourn the Court.

AT 10.18 AM THE MATTER WAS CONCLUDED