Matthews v Minister for Home Affairs & Anor

In the High Court of Australia, Garrett Tehiri Tanga Matthews was the applicant, and the Minister for Home Affairs and the Administrative Appeals Tribunal were the respondents. The matter concerned an application by the applicant's solicitor for leave to withdraw from acting on behalf of the applicant.

The primary legal issue before the Court was whether the applicant's solicitor had complied with the requirements of rule 6.02.5(c) of the High Court Rules 2004 (Cth) to provide written notice to the applicant of the intention to apply for leave to withdraw, and whether it was appropriate in all the circumstances for leave to be granted. The Court also considered rule 13.03.1 of the High Court Rules, which allows for certain applications to be determined without a hearing.

Her Honour was satisfied that the solicitor had provided the requisite written notice to the applicant prior to filing the application. Having regard to the affidavit material and exhibited correspondence, the Court found that it was appropriate to grant leave for the solicitor to withdraw. The Court directed that the application be determined without a hearing and that an order be drawn up granting leave to withdraw, requiring the solicitor to serve the order on all parties, and to provide notice of the applicant's last known address for service. The application was otherwise dismissed.