OAE v The Queen

[2007] HCATrans 412

[2007] HCATrans 412

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A28 of 2007

B e t w e e n -

OAE

Applicant

and

THE QUEEN

Respondent

Summons for expedition

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON MONDAY, 6 AUGUST 2007, AT 4.30 PM

Copyright in the High Court of Australia

MR N.M. VADASZ:   May it please the Court, I appear for the applicant.  (instructed by Kyrimis Lawyers)

MR M.G. HINTON, QC:   If the Court pleases, I appear on behalf of the respondent.  (instructed by Director of Public Prosecutions (SA))

HER HONOUR:   Yes, Mr Vadasz, it is your application.

MR VADASZ:   The applicant has filed an application for special leave and we come before this Court this afternoon on a summons asking that the matter be expedited.  We ask for abridgement of time in order that, if special leave is granted in this matter, it may, if the Court sees fit, join up with two other matters upon which special leave was recently granted.

HER HONOUR:   Is the application for expedition opposed?

MR HINTON:   No, it is not, your Honour.

HER HONOUR:   Yes, very well.  Have you worked out a timetable then between you at all in relation to expedition?

MR VADASZ:   We have not worked out a precise timetable at this stage, no.  I am sure that that could be ‑ ‑ ‑

HER HONOUR:   The next special leave list is in Canberra on Friday, 31 August next.  It is my present belief that there would be room in the list on that day, although there may be a difficulty in setting up a video link between Canberra and Adelaide.  Would it be contemplated that parties might come to Canberra for the application?

MR VADASZ:   Yes, that is open. 

HER HONOUR:   In order to meet that date, if there is no opposition to expedition to that date for the purposes of hearing the application for special leave, the times in the timetable outlined in rule 41 would need to be abridged.  How would this work?  If we worked backwards and application books were filed by 4 pm on 24 August 2007, there would then need to be provision for the applicant’s summary of argument.  Would it be possible, Mr Vadasz, to have that filed by 10 August 2007?

MR VADASZ:   Yes.

HER HONOUR:   Possibly the next direction then would be that the respondent’s summary of argument be filed by 22 August 2007.  How would that strike you, Mr Hinton?

MR HINTON:   That is plenty of time, if your Honour pleases.  I can do it quicker, if that would assist.

HER HONOUR:   Are you proffering a time earlier by which you would be content to file that summary of argument?

MR HINTON:   I am.  I just do not know what day of the week the 22nd is.

HER HONOUR:   It is a Wednesday, so it is midweek.  It is slightly abbreviating the full two weeks.

MR HINTON:   I would be happy to have it in by the Monday close of business, the 20th.

HER HONOUR:   By the Monday.  Very well.  It is noted that you are happy to have the summary of argument in by 20 August.  Anything further to be decided now?

MR VADASZ:   No, your Honour.

HER HONOUR:   I make directions to provide for that timetable.  Does there need to be a date in respect of a reply, Mr Vadasz?

MR VADASZ:   If that is in by the 20th, if I could have three or four days to respond.

HER HONOUR:   The Friday would be the 24th, would it not?  That is the same day for the provision of the application book.  If you can do the reply a little earlier than that, that might be convenient in terms of the preparation of the application book.

MR VADASZ:   The 22nd?

HER HONOUR:   Wednesday, 22nd, very well.  I will also make that direction to complete the timetable.  Thank you.  The matter will be adjourned.

AT 4.34 PM THE MATTER WAS ADJOURNED