Plaintiff M64/2015 v Minister for Immigration and Border Protection

[2015] HCATrans 210

Replacement Transcript

[2015] HCATrans 210

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne   No M64 of 2015

B e t w e e n -

PLAINTIFF M64/2015

Plaintiff

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Defendant

Directions hearing

NETTLE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON THURSDAY, 27 AUGUST 2015, AT 9.27 AM

Copyright in the High Court of Australia

MR C.J. HORAN:   If it please the Court, I appear for the plaintiff with MS K.E. GRINBERG.  (instructed by Russell Kennedy Pty Ltd)

MR S.P. DONAGHUE, QC:   If it please the Court, I appear with MR N.M. WOOD for the defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Gentlemen, I have the draft special case for which thank you.  If I may say so, it is considerably improved and it is very good.

MR HORAN:   Thank you, your Honour.

HIS HONOUR:   I take it it is all agreed now, is it?

MR HORAN:   Yes, and so the questions are intended to reflect the three grounds but it should not be necessary for the Court to refer to the application itself in order to address the questions.

HIS HONOUR:   No.  It is a nice piece of work to get it all self‑contained and very sensible, for which thank you.

MR HORAN:   So, unless there is anything further, your Honour, I think that the form of orders that was handed up on the last occasion, with the dates as discussed, is still acceptable to both parties.

HIS HONOUR:   Thank you.  That is satisfactory for you, Dr Donaghue?

MR DONAGHUE:   Yes, your Honour.  That does involve my friend filing the special case by tomorrow.

MR HORAN:   Yes.

HIS HONOUR:   It does, indeed.  I will direct as follows:

1.The plaintiff be hereinafter referred to in these proceedings as “Plaintiff M64/2015”.

2.The plaintiff file and serve the special case by 4.00 pm on 28 August 2015 in the form submitted this morning.

3.Subject to any further order or other direction, Part 44 of the High Court Rules 2004 (Cth) relating to written and oral submissions, including the annotated form of submissions with any necessary variations or adaptations, apply to the proceeding.

4.On or before 4.00 pm on 1 September, 2015, the plaintiff file 12 copies, including one unbound, unperforated copy, and serve on the defendant three copies of a special case book.

5.On or before 4.00 pm on 29 September 2015, the plaintiff file and serve written submissions of no more than 20 pages and a chronology annotated to refer to the pages of the special case book that contain relevant documents and agreed facts and evidence, together with a list of authorities in accordance with Practice Direction No 1 of 2013.

6.On or before 4.00 pm on 16 October 2015, the defendant file and serve written submissions of no more than 20 pages and a chronology annotated to refer to the pages of the special case book that contain relevant documents and agreed facts and evidence, together with a list of authorities in accordance with Practice Direction No 1 of 2013.

7.On or before 4.00 pm on 21 October 2015, the plaintiff file and serve written submissions in reply of no more than five pages annotated to refer to the pages of the special case book that contain relevant documents and agreed facts and evidence.

8.Costs will be costs in the cause.

9.Reserve liberty to each party to apply.

Thank you very much, gentlemen. 

AT 9.30 AM SHORT ADJOURNMENT

UPON RESUMING AT 9.33 AM:

HIS HONOUR:   Gentlemen, sorry to trouble you, but I forgot to order also that the special case, once filed in the form referred to, shall be referred to the Full Court for hearing in the November sittings.

AT 9.34 AM THE MATTER WAS ADJOURNED