Mill v The Queen

[2007] HCATrans 610

[2007] HCATrans 610

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B31 of 2007

B e t w e e n -

DARREN LINDSAY MILL

Applicant

and

THE QUEEN

Respondent

Bail Application

KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON WEDNESDAY, 10 OCTOBER 2007, AT 10.05 AM

Copyright in the High Court of Australia

MR R.J. CLUTTERBUCK:   If the Court pleases, I appear for the applicant.  (instructed by Mylne Lawyers)

MR M.J. COPLEY:   If the Court pleases, I appear on behalf of the respondent.  (instructed by Director of Public Prosecutions (Qld))

HER HONOUR:   Thank you.

MR CLUTTERBUCK:   Your Honour, I have to apologise for this next submission I have to make but it is a submission seeking an adjournment of this application.  The reason for that is this.  Last night I liaised with my instructing solicitor, Mr Mylne, from the Gold Coast.  We thought, mistakenly, that a letter had been sent to the Court Registry seeking that this matter be listed on a date after the application for special leave had been heard.

HER HONOUR:   I must say, it occurred to me that that would have been the most obvious thing to do. 

MR CLUTTERBUCK:   Yes, and, in fact, the letter did not go out.

HER HONOUR:   It is a pity.  To have saved the appearances this morning, if you had contacted my associate I would have written a consent order.

MR CLUTTERBUCK:   I am sorry, your Honour. 

HER HONOUR:   It would have saved you and Mr Copley the appearance today.  But that is a perfectly sensible course and I do not expect you would disagree with that, Mr Copley.

MR COPLEY:   No, your Honour.  I have no opposition to my friend’s adjournment of the matter.

HER HONOUR:   I think it is preferable for the judges dealing with special leave to determine the question of prospects that should be self‑evident by then.  Shall I just adjourn the summons then to a date to be fixed following the hearing of the application for special leave? 

MR CLUTTERBUCK:   Thank you, your Honour, yes.

HER HONOUR:   And costs reserved?

MR CLUTTERBUCK:   There are no costs being sought in this matter.

HER HONOUR:   No costs being sought?

MR COPLEY:   I had no application for costs, your Honour. 

HER HONOUR:   All right.  I will not make any order as to costs then.  Thank you for attending today.

AT 10.07 AM THE MATTER WAS CONCLUDED