Minogue v State of Victoria

[2019] HCATrans 63

[2019] HCATrans 063

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M162 of 2018

B e t w e e n -

CRAIG WILLIAM JOHN MINOGUE

Plaintiff

and

STATE OF VICTORIA

Defendant

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 5 APRIL 2019, AT 9.32 AM

Copyright in the High Court of Australia

MR C.J. HORAN, QC:   May it please the Court, I appear with MR R.A. MINSON for the plaintiff.  (instructed by Darebin Community Legal Centre)

MR P.J. HANKS, QC:   Your Honour, I appear with MS S. ZELEZNIKOW for the State of Victoria, the defendant.  (instructed by Victoria Government Solicitor)

HER HONOUR:   Thank you.

MR HORAN:   Does your Honour have the proposed directions which were forwarded to the Court, I understand, this morning?

HER HONOUR:   Yes, and they are by agreement?

MR HORAN:   They are, your Honour.

MR HANKS:   Yes.

MR HORAN:   Essentially, they provide for the completion of the timetable with a short extension of time for the filing of the required submissions and an order referring the special case which has been filed for hearing by the Full Court.

HER HONOUR:   Mr Hanks, do you wish to say anything about those proposed orders?

MR HANKS:   We support them, your Honour.

HER HONOUR:   A big change of attitude.

MR HANKS:   Change of instructions, your Honour.  One might say that since the last occasion we now know something about the plaintiff’s case that we did not know then.  We have seen submissions.

HER HONOUR:   I have been naughty.  All right.

MR HANKS:   No, your Honour.

HER HONOUR:   I will make orders in those terms and I will just read them onto the transcript so that everyone has them, if you do not mind.

The Court orders that:

1.The special case filed by the parties on 14 February 2019 be referred to a Full Court for hearing pursuant to r 25.09.3(d) of the High Court Rules 2004 (Cth).

2.Order 9 of the orders made on 13 December 2018 and varied on 6 February 2019 be vacated.

3.The plaintiff file and serve any written submissions in reply by 23 April 2019.

4.The defendant file and serve 10 hard copies and an electronic copy of the special case book by 29 April 2019.

5.The defendant file 9 hard copies and an electronic copy of the Joint Book of Authorities prepared in accordance with the requirements of Practice Direction No 1 of 2017 by 6 May 2019.

6.The defendant serve one hard copy and an electronic copy of the Joint Book of Authorities on the plaintiff and any interveners by 6 May 2019.

7.        Costs be reserved.

HER HONOUR:   Anything else?

MR HORAN:   If your Honour pleases, no.

HER HONOUR:   Thanks very much.  Adjourn the Court.

AT 9.35 AM THE MATTER WAS ADJOURNED