Plaintiff S198/2018 v Minister for Home Affairs & Ors

[2019] HCATrans 31

[2019] HCATrans 031

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S198 of 2018

B e t w e e n -

PLAINTIFF S198/2018

Plaintiff

and

MINISTER FOR HOME AFFAIRS

First Defendant

SECRETARY FOR THE DEPARTMENT OF HOME AFFAIRS

Second Defendant

RASHMI IN THE MINISTERIAL INTERVENTION OF THE DEPARTMENT OF HOME AFFAIRS

Third Defendant

EDELMAN J

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO SYDNEY

ON THURSDAY, 28 FEBRUARY 2019, AT 10.00 AM

Copyright in the High Court of Australia

MR C.L. LENEHAN:   Your Honour, I appear for the Minister.  (instructed by Australian Government Solicitor)

HIS HONOUR:   There is no appearance for the plaintiff in S198.

MR LENEHAN:   There does not appear to be, your Honour.

HIS HONOUR:   Could the Registrar or the Clerk call outside the Court and see if the plaintiff in S198 is present?

COURT OFFICER:   No appearance, your Honour.

HIS HONOUR:   All right.  Mr Lenehan, I have received submissions in this matter.  I have not received any notice as to any reason why Plaintiff S198 is unable to be present.  Are you content for me to decide the matter on the basis of the written submissions and the materials before the Court?

MR LENEHAN:   I am, your Honour, yes.  Does your Honour wish me to formally read the affidavits or would your Honour just take them as read?

HIS HONOUR:   I will take all of the affidavits as read.

MR LENEHAN:   Thank you, your Honour.

HIS HONOUR:   Yes, thank you, Mr Lenehan.

I will reserve my decision until 9.30 am tomorrow morning and deliver my decision and reasons at that time.  There is no need for any of the parties to attend.  The reasons for decision will be sent to the parties, although, of course, you are entitled to attend if you wish.

MR LENEHAN:   May it please the Court.

AT 10.02 AM THE MATTER WAS ADJOURNED