Port MacDonnell Professional Fishermen's Association Inc. & Anor v The State of South Australia

The applicants, the Port MacDonnell Professional Fishermen's Association Inc. and another, brought proceedings against the State of South Australia and the Commonwealth of Australia. The matter before the High Court of Australia concerned applications for directions and the determination of the appropriate procedural basis for the case. The parties sought consent to amend their pleadings, with the applicants proposing an amended statement of claim to raise certain issues more appropriately.

The primary legal issue before the Court was whether to exercise its power under section 18 of the *Judiciary Act 1903* (Cth) to state a case, or to proceed under Order 35 of the High Court Rules as a special case. The applicants expressed a preference for proceeding under section 18, although they acknowledged that the matter had been drafted on the basis of the High Court Rules. A related question concerned the Court's capacity to draw inferences from the material before it, regardless of the procedural path chosen.

The Court, by consent of all parties, made an order that the amended pleadings stand as the pleadings of the parties in the action. The Court also noted the parties' invitation to exercise power under section 18 of the *Judiciary Act 1903* (Cth) to state a case, rather than proceeding as a special case under Order 35 of the High Court Rules. The Court indicated it would consider this procedural question further.