Plaintiff M19a/2024 & Ors v Minister for Immigration, Citizenship and Multicultural Affairs

This matter came before the High Court of Australia concerning an application by the plaintiffs, identified as Plaintiff M19a/2024 and others, against the Minister for Immigration, Citizenship and Multicultural Affairs. The proceedings involved preliminary applications for an extension of time for the plaintiffs to make their applications for constitutional or other writs, and for the appointment of a litigation guardian for some of the plaintiffs. A significant part of the hearing focused on an application by the plaintiffs to amend their reply, which the Minister neither opposed nor consented to.

The central legal issues before the Court revolved around the procedural aspects of the litigation, specifically the plaintiffs' request to amend their reply and, consequently, the grounds of their constitutional writ. This amendment sought to introduce new arguments and factual matters, including a new ground 5, which the Court noted were substantive and varied in character. The Court also considered the implications of these amendments for the defendant's ability to respond and the potential need for further written submissions and oral argument. A further point of contention arose regarding the prescribed method of notification under section 119 of the Migration Act and the relevance of certain regulations and their amendments.

Her Honour, in her reasoning, acknowledged the need to amend the constitutional writ to align with the proposed changes to the reply. While the Minister maintained a neutral stance on the amendment application itself, they indicated a desire for an opportunity to respond in writing to any new arguments introduced. The Court also noted that the proposed amendments were late and substantive, requiring careful consideration. Ultimately, the Court made orders extending the time for the plaintiffs' applications and appointing the second plaintiff as litigation guardian. The Court then directed the parties to file amended documents, setting specific dates for the amended constitutional writ, the defendant's response, and a further reply, with the matter to be relisted for hearing on 28 August 2024.