Luck v Chief Executive Officer of Centrelink (FOI Principal Officer)

Case

[2010] HCATrans 241

No judgment structure available for this case.

[2010] HCATrans 241

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M52 of 2009

B e t w e e n -

GAYE LUCK

Applicant

and

CHIEF EXECUTIVE OFFICER OF CENTRLINK (FREEDOM OF INFORMATION PRINCIPAL OFFICER)

Respondent

Summons

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 8 SEPTEMBER 2010, AT 10.15 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 respondent’s summons dated 20 May 2010 until 10.15 am on Wednesday, 8 September 2010.

2.Costs reserved.

On 19 July 2010, the applicant filed an application, by letter, sent by facsimile, that the further hearing of these matters be stayed or adjourned until the applicant 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 applicant 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 applicant will be in a position to attend to this matter.

In respect of two other matters concerning the applicant, M85 of 2009 and M10 of 2010, 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 2 September 2010, the respondent indicated by letter that it did not oppose such an order being made in respect of this matter.

Accordingly, I now make the following orders:

1.The hearing of the respondent’s summons, returnable on 8 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

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

  • Jurisdiction

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