Plaintiff S10/2011 & Ors v Minister for Immigration and Citizenship & Ors

[2011] HCATrans 186

[2011] HCATrans 186

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S10 of 2011

B e t w e e n -

PLAINTIFF S10/2011

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

SECRETARY FOR DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

Second Defendant

Office of the Registry
  Sydney  No S43 of 2011

B e t w e e n -

JASVIR KAUR

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

SECRETARY FOR THE DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

Second Defendant

Office of the Registry
  Sydney  No S47 of 2011

B e t w e e n -

PLAINTIFFS S47/2011

Plaintiffs

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

SECRETARY FOR DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

Second Defendant

Office of the Registry
  Sydney  No S49 of 2011

B e t w e e n -

PLAINTIFF S49/2011

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

SECRETARY FOR DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

Second Defendant

Office of the Registry
  Sydney  No S51 of 2011

B e t w e e n -

PLAINTIFF S51/2011

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

SECRETARY FOR DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

Second Defendant

Applications for order to show cause

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 29 JULY 2011, AT 9.32 AM

Copyright in the High Court of Australia

MR S.E.J. PRINCE:   May it please, your Honour, I continue my appearance for the plaintiffs.  (instructed by Parish Patience Immigration, Lawyers)

MS A.M. MITCHELMORE:   If your Honour pleases, I appear for the defendants.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Which of these five is proceeding S43?

MR PRINCE:   Proceeding S43?

HIS HONOUR:   Yes, I am looking at paragraph 22 of Ms Mitchelmore’s hand up.

MR PRINCE:   Yes, your Honour.  There is one that has been dropped.  It should be S47,your Honour.

HIS HONOUR:   S47.

MR PRINCE:   Yes, it is the.....

HIS HONOUR:   Right.  Thank you.

MR PRINCE:   It says S47.....

HIS HONOUR:   Right.

MR PRINCE:   We have been able to narrow that down.

HIS HONOUR:   Yes.  Well, we can make an order now, can we not, in terms of paragraph 22?

MR PRINCE:   Yes, your Honour.

HIS HONOUR:   In respect of matter S47, which is No 3 in the list, that is stood out of the list generally with liberty to restore on not less than three days notice in writing.

MR PRINCE:   Thank you, your Honour.

HIS HONOUR:   All right.  That leaves the other four.

MR PRINCE:   Yes, your Honour.  Counsel met on Wednesday afternoon to go through some of the issues and I should say at the start that I am in agreement....my learned friend.....submissions to the Court.....your Honour will have seen from that hand out that there was a question about some further amendments.

HIS HONOUR:   Yes.

MR PRINCE:   That arises from discussions that were held on Wednesday.  We have discussed the nature of what those amendments would be but we have.....we would probably need about another week to do that because I need to sit down with.....and just make sure the wording is correct, that the amendments would relate to the current mandamus order that is sought against the first defendant will also be sought against the second defendant.

HIS HONOUR:   That is the Secretary?

MR PRINCE:   Yes.  For him to do things in relation to his employees.....public servants.....

HIS HONOUR:   Yes.

MR PRINCE:   The second issue that is being – those parts of the orders which deal with the bridging visas, the Minister has drawn it to our attention that the bridging visas that have been issued to those people who are in detention are in consequence of this litigation rather than in consequence of the.....so it may be that more.....those parts of the orders.....bridging visas.....that is what we have been – there has been discussion between the parties about getting a list of documents together and the index and reordering files upon which.....that is under way.

HIS HONOUR:   I would really like to see the books before I cast them on the waters for the Full Court.

MR PRINCE:   That has been progressed, your Honour, and the timetable that my learned friend has put in her submissions for that to happen seems.....

HIS HONOUR:   All right.  Let me just have another look.  Do you agree with that, Ms Mitchelmore?

MS MITCHELMORE:   Yes, your Honour.

HIS HONOUR:   In paragraph 13 on page 3 of your outline, Ms Mitchelmore, should that be proceedings S47?

MS MITCHELMORE:   No, your Honour.  S43 is.....Kaur which is.....

HIS HONOUR:   That is Kaur?

MS MITCHELMORE:   Yes.

HIS HONOUR:   Thank you.  Yes, I see.  Looking at page 5, proposed orders, under paragraph 21, I should make 1 now, should I not?

MR PRINCE:   Yes, your Honour.  If they need to be amended, then leave can be sought.

HIS HONOUR:   Yes, but I should make them now, I think.  I will make an order in terms of 3, which is that the defendants serve on the plaintiffs in each of these matters a draft index of documents for each proceeding on or before 4.00 pm on 12 August.  I will make an order in terms of the next one, which is No 4, that the plaintiffs serve on the defendants any amendments to the draft index of documents on or before 4.00 pm on 19 August.  The next one, 5, that the plaintiffs file and serve a volume of documents in each proceeding in accordance with the index agreed between the parties on or before 4.00 pm on 29 August.  I will make an order in terms of 8, which is liberty to apply on two days notice.  I will stand over the proposed 2, 5, 6 and 7 for when it next comes back to me when I have before me the volume of documents and see exactly what is involved.

MR PRINCE:   Yes, thank you, your Honour.

HIS HONOUR:   What is a convenient date for you both?  Let me just check myself.  Some time in the week of 12 September?

MR PRINCE:   Yes, that is.....

MS MITCHELMORE:   Similarly, your Honour.

HIS HONOUR:   Tuesday, 13 September, is that suitable, at 9.30?

MR PRINCE:   If the Court pleases.

HIS HONOUR:   The order has already been made in respect of S47, which is No 3 in the list, and in respect of matters 1, 2, 4 and 5 in each of those I make the orders indicated and stand the matters over to Tuesday, 13 September 2011 at 9.30 am before me in Sydney.  Costs of today will be costs in the proceedings.  Is there anything else?

MR PRINCE:   No, your Honour.

HIS HONOUR:   Thank you.

AT 9.43 AM THE MATTER WAS ADJOURNED