Plaintiff M61-2010E v Commonwealth of Australia & Ors

[2010] HCATrans 179

[2010] HCATrans 179

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M61 of 2010

B e t w e e n -

PLAINTIFF M61/2010E

Plaintiff

and

COMMONWEALTH OF AUSTRALIA

First Defendant

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Second Defendant

STEVE KARAS

Third Defendant

TERRY LEW

Fourth Defendant

Office of the Registry
  Melbourne  No M69 of 2010

B e t w e e n -

PLAINTIFF M69 OF 2010

Plaintiff

and

COMMONWEALTH OF AUSTRALIA

First Defendant

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Second Defendant

SUE ZELINKA

Third Defendant

SECRETARY, DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

Fourth Defendant

Directions hearings

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 20 JULY 2010, AT 2.17 PM

Copyright in the High Court of Australia

__________________

HIS HONOUR:   When these matters were last before the Court for directions on 15 July, it emerged that the plaintiff in the second matter, matter No M69 of 2010, wished to supplement the factual material that was to be available for consideration by the Full Court beyond what then appeared on the record.  Although, as I then indicated, I considered that matter M61 of 2010 was then in a state ready to refer it for consideration by a Full Court, I did not then think that matter M69 should be referred into a Full Court until the possibility of factual controversy between the parties had been examined and put aside. 

In the meantime, there has now been filed a further affidavit by Malissa Margaret Dryden sworn on 19 July 2010 together with an amended digest of factual material in matter M69 which, as I understand it, now records what the parties agree to be a digest of the factual material upon which each side relies in respect of the grounds identified in that digest in connection with the proposed amended originating process.

I am of the opinion that both matters should now be referred for hearing before a Full Court on the terms that the parties have agreed.  There will, therefore, be orders and directions substantially in the form of the agreed orders and directions.  I would add, however, that the way in which the hearing of the two matters proceeds before the Full Court will, of course, be a matter for the Full Court to determine.

I note that the parties have indicated that they are of the opinion that the most efficient method of proceeding will be for the Court to hear, first, from the plaintiff in each of the matters, then to hear from any intervener in support of the plaintiff followed by the defendants in answer to both claims, any intervener in support of the defendants and then a reply on behalf of each plaintiff to the defendants.

In matter M61/2010E there will be orders and directions as follows:

1.The plaintiff has leave to file a further amended application omitting grounds 8, 14b, 18, 20 and 22 of the proposed further amended application for an order to show cause dated 23 June 2010.

2.Pursuant to rule 25.03.3(b) of the High Court Rules 2004, the application, save for ground 17, is referred for further hearing to a Full Court.

3.The further hearing of ground 17 of the application as amended is adjourned to a date to be fixed following the hearing and determination of the grounds that have been referred for consideration by a Full Court.

4.On or before 23 July 2010, the plaintiff is to file and serve an application book.

5.On or before 3 August 2010, the plaintiff, and any party intervening or seeking to intervene in support of the plaintiff, is to file and serve its or their written submissions.

6.On or before 16 August 2010, the defendants, and any party intervening or seeking to intervene in support of the defendants, are to file and serve its or their written submissions.

7.On or before 19 August 2010, the plaintiff is to file and serve any written submissions in reply.

8.The costs of the directions are reserved.

In matter M69 of 2010 there will be directions as follows:

1.The plaintiff has leave to file a further amended application for an order to show cause substantially in the form of the proposed further amended application dated 14 July 2010.

2.Pursuant to rule 25.03.3(b) of the High Court Rules 2004, the application as amended is referred for further hearing to a Full Court.

3.On or before 23 July 2010, the defendants are to file and serve an application book.

4.On or before 3 August 2010, the plaintiff, and any party intervening or seeking leave to intervene in support of the plaintiff, is to file and serve its or their written submissions.

5.On or before 16 August 2010, the defendants, and any party intervening or seeking leave to intervene in support of the defendants, is to file and serve its or their written submissions.

6.On or before 19 August 2010, the plaintiff is to file and serve any written submissions in reply.

7.The costs are reserved.

Adjourn the Court.

AT 2.23 PM THE MATTERS WERE ADJOURNED