North Australian Aboriginal Justice Agency Limited & Anor v Northern Territory of Australia

[2015] HCATrans 135

[2015] HCATrans 135

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne   No M45 of 2015

B e t w e e n -

NORTH AUSTRALIAN ABORIGINAL JUSTICE AGENCY LIMITED (ACN 118 017 842)

First Plaintiff

MIRANDA MARIA BOWDEN

Second Plaintiff

and

NORTHERN TERRITORY OF AUSTRALIA

Defendant

Directions hearing

NETTLE J

TRANSCRIPT OF PROCEEDINGS

FROM MELBOURNE BY VIDEO LINK TO DARWIN

ON WEDNESDAY, 3 JUNE 2015, AT 9.30 AM

Copyright in the High Court of Australia

MR M.K. MOSHINSKY, QC:   If the Court pleases, I appear for my learned friend, MS K.E. FOLEY, for the plaintiffs.  (instructed by Ashurst Australia)

MR M.P. GRANT, QC, Solicitor‑General for the Northern Territory:   May it please the Court, I appear with MS S.L. BROWNHILL for the defendant.  (instructed by Solicitor for the Northern Territory)

HIS HONOUR:   Mr Moshinsky, we got yesterday the draft stated case.  Has it yet been agreed upon or is time still required?

MR MOSHINSKY:   It is agreed upon, your Honour.  We reached agreement yesterday afternoon.  It has not formally been signed yet but the parties are in agreement.

HIS HONOUR:   I direct this to both of you, Mr Moshinsky and Mr Grant.  There is an opportunity for this matter to be heard in September if the interlocutory process can be achieved within that time.  It would require a fairly accelerated timetable.  Are the parties able to do it?

MR MOSHINSKY:   Yes, we are, your Honour.  I have had discussions with my learned friend, Mr Grant, and we have some agreed dates, subject to the Court’s satisfaction with these dates, which would enable that to take place.

HIS HONOUR:   Yes.

MR MOSHINSKY:   Would it be convenient if I read out that proposed timetable, your Honour?

HIS HONOUR:   Yes.

MR MOSHINSKY:   By 10 June the parties would file the special case.  By 6 July the plaintiffs would file and serve the special case book.  By 10 July the plaintiffs would file and serve their written submissions.

HIS HONOUR:   Yes.

MR MOSHINSKY:   By 10 August the defendant would file and serve its written submissions.  Then any interveners would file and serve their written submissions seven days after written submissions by the party in support of whom the intervention is made is to be made and filed.  Then, by 24 August, the plaintiffs would file and serve their written submissions in reply.

HIS HONOUR:   That was 24 August?

MR MOSHINSKY:   Yes, your Honour. 

HIS HONOUR:   It is too tight.  It might get listed in the first couple of weeks.  We would have to bring it back a little.

MR MOSHINSKY:   Yes, we can accommodate that.  Certainly, your Honour.

HIS HONOUR:   What about the section 78B notice?  Has that yet been served?

MR MOSHINSKY:   It has, your Honour.  That has been served and we will follow up as a matter of courtesy to the Attorneys‑General the further developments in the case, but the 78B notices have been served.

HIS HONOUR:   If we make the filing of the special case by 4.00 pm on 10 June as you have it, the filing of the special case book by 6 July as you have it – we could bring forward the plaintiffs’ submissions to that time too, could you not, 6 July?

MR MOSHINSKY:   Yes, your Honour.

HIS HONOUR:   Let us do that the – plaintiffs’ submissions by 6 July, defendant’s submissions – Mr Grant, would you need any more than 6 August if you pushed yourself?

MR GRANT:   No, your Honour.

HIS HONOUR:   I will bring forward the defendant’s submissions to 6 August 2015.  I shall order that each intervener shall file any submissions in support of the party whom it supports seven days after those submissions are filed by that party.  That will bring us to 13 August and I shall make it then by 20 August each party shall file and serve the original and nine copies of its written submissions and chronology and it is only to refer to the pages of the special case book.  I make a further order that the parties having agreed in stating the questions of law arising, it be directed that the special case in the form of the draft, which I will annex to the order, shall be filed and served by 10 July and that the questions so stated by the parties in the special case shall be referred for hearing to a Full Court.  Is there anything further required, Mr Moshinsky?

MR MOSHINSKY:   Just to clarify, your Honour.  I think your Honour indicated the plaintiffs would file and serve their reply submissions by 20 August.  Is that right?

HIS HONOUR:   That is correct.

MR MOSHINSKY:   Yes, thank you, your Honour.  I do not think there is anything else required on our part, your Honour.

HIS HONOUR:   Mr Grant?

MR GRANT:   Nothing on our part, your Honour.

HIS HONOUR:   Thank you very much.  Thank you, gentlemen.

MR MOSHINSKY:   Thank you, your Honour.

AT 9.36 AM THE MATTER WAS ADJOURNED