Plaintiff S254/2018 v Honourable Justice McKerracher & Ors

[2019] HCATrans 38

[2019] HCATrans 038

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S254 of 2018

B e t w e e n -

PLAINTIFF S254/2018

Plaintiff

and

HONOURABLE JUSTICE MCKERRACHER

First Defendant

HONOURABLE JUSTICE MURPHY

Second Defendant

HONOURABLE JUSTICE DAVIES

Third Defendant

MINISTER FOR HOME AFFAIRS

Fourth Defendant

IMMIGRATION ASSESSMENT AUTHORITY

Fifth Defendant

EDELMAN J

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO SYDNEY

ON FRIDAY, 1 MARCH 2019, AT 9.35 AM

Copyright in the High Court of Australia

____________________

MR S.R. TULLY:   May it please the Court, I appear for the plaintiff, Plaintiff S254.  (instructed by the plaintiff)

MR G.T. JOHNSON, SC:   May it please your Honour, I appear with my learned friend, MR C.L. LENEHAN, for the fourth defendant.  (instructed by Sparke Helmore Lawyers)

HIS HONOUR:   Thank you, Mr Johnson.  I have a submitting appearance for the first, second, third and fifth defendants.  Mr Tully, having read through the materials closely, it seems to me that there is nothing in this matter, that is, this S254 matter, that would add anything in particular to a hearing of the BVD17 matter before the Full Court.  In those circumstances, there is no particular advantage to the Full Court to hear both of the matters at the same time.  In fact, there are a number of matters that have been raised by the Minister in submissions that are more appropriately dealt with by a single judge. 

So, in those circumstances, at the moment it appears to me, unless you have anything to say about it, that the appropriate orders would be those to the effect that the matter be stood over until after the judgment is given in BVD17 and then probably dealt with by a single judge in light of that decision and also the further issues raised by the Minister that are probably more appropriately dealt with by a single judge.

MR TULLY:   Yes, your Honour, I would accept what your Honour has indicated there and it would be appropriate in this circumstance to remit for consideration, yes.

HIS HONOUR:   All right.  Subject to anything Mr Johnson has to say, the orders I had in mind were that the fourth defendant file an amended response by 15 March 2019; secondly, that the matter be stood over for further directions to be held at a date and time to be set no more than seven days after judgment in BVD17 v Minister for Immigration and Border Protection & Anor; and three, that the costs of this directions hearing be in the cause.

MR JOHNSON:   I have nothing further to add, your Honour.

HIS HONOUR:   I will make those orders:

1.The fourth defendant file an amended response by 15 March 2019.

2.The matter be stood over for further directions to be held at a date and time to be set not more than seven days after judgment in BVD17 v Minister for Immigration and Border Protection & Anor.

3.The costs of this direction hearing be in the cause.

Thank you very much, gentlemen.

The Court will adjourn.

AT 9.37 AM THE MATTER WAS ADJOURNED