Luck v Secretary of the Department of Human Services & Ors

[2010] HCATrans 212

[2010] HCATrans 212

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M10 of 2010

B e t w e e n -

GAYE LUCK

Plaintiff

and

SECRETARY OF THE DEPARTMENT OF HUMAN SERVICES

First Defendant

ADMINISTRATIVE APPEALS TRIBUNAL

Second Defendant

ADMINISTRATIVE APPEALS TRIBUNAL DEPUTY PRESIDENT

Third Defendant

Directions

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 18 AUGUST 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 first respondent’s summons dated 16 April 2010 until 10.15 am on Wednesday, 18 August 2010.

2.Adjourn the further hearing of the applicant’s summons dated 19 February 2010 until 10.15 am on Wednesday, 18 August 2010.

3.Costs reserved.

On 19 July 2010, the plaintiff filed an application by letter dated 19 July 2010, sent by facsimile, that the further hearing of these matters be stayed or adjourned until the plaintiff is able to properly attend 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.  On 11 August 2010, in respect of the applicant’s matter, M85 of 2009, the Court ordered that the hearing of particular summonses and a request for an extension of time 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 17 August 2010, the first respondent indicated by letter that it does not oppose an order in the same terms being made in respect of this matter.  The second and third respondents indicated by letter dated 6 August 2010 that they neither consent nor oppose orders being made in such terms.

Accordingly, I now make the following orders:

1.The hearing of the first respondent’s summons and the further hearing of the applicant’s summons, returnable on 18 August 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 ADJOURNED