Plaintiff M64/2015 v Minister for Immigration and Border Protection

Case

[2015] HCATrans 210


Details
AGLC Case Decision Date
Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCATrans 210 [2015] HCATrans 210

CaseChat Overview and Summary

This matter came before the High Court of Australia, with the plaintiff, identified as Plaintiff M64/2015, represented by Mr. C.J. Horan and Ms. K.E. Grinberg, and the defendant, the Minister for Immigration and Border Protection, represented by Mr. S.P. Donaghue, QC, and Mr. N.M. Wood. The proceedings concerned a special case that had been significantly improved and agreed upon by both parties.

The court was required to determine the questions posed within the special case, which were intended to reflect three grounds of the plaintiff's application. The parties had agreed on the form of the special case and the procedural orders for its filing and the subsequent submissions.

The court directed that the plaintiff file and serve the special case by a specified date, and that Part 44 of the High Court Rules 2004 (Cth) would apply to the proceedings. Further directions were given regarding the filing and service of a special case book and written submissions by both parties, including annotated chronologies and lists of authorities. The court also ordered that costs would be costs in the cause and reserved liberty to each party to apply. Finally, the court directed that the special case, once filed, be referred to the Full Court for hearing during the November sittings.
Details

Areas of Law

  • Administrative Law

  • Immigration

  • Civil Procedure

Legal Concepts

  • Judicial Review

  • Jurisdiction

  • Standing

  • Costs

  • Procedural Fairness

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