Plaintiff S61/2016 v Minister for Immigration and Border Protection

[2016] HCATrans 92

[2016] HCATrans 092

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S61 of 2016

B e t w e e n -

PLAINTIFF S61/2016

Plaintiff

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Defendant

Directions hearing

GAGELER J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 22 APRIL 2016, AT 9.30 AM

Copyright in the High Court of Australia

MR B. MOSTAFA:   Your Honour, I appear for the plaintiff.  (instructed by Fragomen)

MR S.P. DONAGHUE, QC:   May it please the Court, I appear for the defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Mr Mostafa, I have obviously read the submissions.  The reason I called the matter on this morning rather than later, as the parties had requested, was that I was concerned about being asked to give a note for the issue of a subpoena.  Do I take it that issue has been resolved between the parties?

MR MOSTAFA:   Yes.  The parties have agreed to consent orders which, if the Court is minded to make, would resolve everything today.

HIS HONOUR:   Yes.

MR MOSTAFA:   Could I hand a copy of those up?

HIS HONOUR:   Of course.

MR MOSTAFA:   The only thing that is missing is dates.

HIS HONOUR:   Thank you.  Yes, I suppose the question is how long do you need to prepare the special case?

MR MOSTAFA:   We were hoping the estimate in the Minister’s submissions of approximately four weeks proves to be correct.

HIS HONOUR:   All right.  So what date would you suggest for order 2?

MR MOSTAFA:   From the plaintiff’s point of view we are reasonably flexible, so it might be that Mr Donaghue could indicate what dates suit him.  We could work around that.

HIS HONOUR:   Yes, all right.  Mr Donaghue?

MR DONAGHUE:   Your Honour, our four week estimate would make that date 20 May.  It is an estimate at this stage but we think that the special case should be reasonably straightforward and therefore we are hopeful that that is long enough.  If your Honour would be happy for there to be a week later if that was more convenient to the Court but 20 May we think would be realistic, if that is suitable to you.

HIS HONOUR:   Well, I would be inclined to bring it before me a week or so after the date for the filing of the draft special case.  So if it is up to me I would be inclined to make order 1 Friday, 3 June ‑ ‑ ‑

MR DONAGHUE:   In that case, your Honour, if you could make order 2 27 May, that would be convenient.

HIS HONOUR:   Yes.  Mr Mostafa, are you pleased with those dates?

MR MOSTAFA:   Yes, those are suitable, your Honour.

HIS HONOUR:   All right.  In those circumstances, unless there is something further the parties wish to raise, I am prepared to make orders.

MR DONAGHUE:   There is nothing from us, your Honour.

HIS HONOUR:   All right.

MR MOSTAFA:   No, your Honour.

HIS HONOUR:   I will make then the following orders – I will make them rather than have them as a consent order on the file:

1.The parties file a draft of any special case that may be agreed between them on or before 27 May 2016.

2.The matter be listed before me for further directions on 3 June 2016.

Those are the orders I make.  Adjourn the Court.

AT 9.34 AM THE MATTER WAS ADJOURNED