Romeo v Conservation Commission of the Northern Territory

[1996] HCATrans 251

TRANSCRIPT
OF PROCEEDINGS
AUSCRIPT
Victoria
Level 7
451 Little Bourke St
Melbourne VIC 3000
GPO Box 1114J
Melbourne VIC 3001
Phone [phone]
Fax [phone]
  O/N 3416
  A  28.8.96

IN THE HIGH COURT OF AUSTRALIA

MELBOURNE OFFICE OF THE REGISTRY

No D8 of 1995

BETWEEN:NADIA ANNE ROMEO

Plaintiff

- and -

THE CONSERVATION COMMISSION OF THE NORTHERN TERRITORY

Defendant

DAWSON J (In Chambers)

AT MELBOURNE, FRIDAY THE 23RD DAY OF AUGUST 1996

HIS HONOUR:   Yes, Mr Southwood.

MR S. SOUTHWOOD:   If your Honour pleases, I appear on behalf of the applicant in this matter. 

HIS HONOUR:   I have a certificate from the Deputy Registrar that he has been informed by the Office of the Solicitor for the Northern Territory, which is the solicitor for the respondent in this matter, that the respondent does not wish to be represented in the hearing of the application to vacate the date of hearing of this application for special leave and will abide by any order of the Court save as to cost.

MR SOUTHWOOD:   Yes, if your Honour pleases.  I think there is a similar letter to that effect from Ms Mahoney to the affidavit of Mr Schneider sworn on the 21st day of August 1996.  That is annexure GRS3.

HIS HONOUR:   I am not sure where she comes into the picture?

MR SOUTHWOOD:   Ms Mahoney is a solicitor with the Solicitor for the Northern Territory.

HIS HONOUR:   I see.  It is just - same effect.

MR SOUTHWOOD:   To the same effect, if your Honour pleases.

HIS HONOUR:   Yes.

MR SOUTHWOOD:   I would seek, your Honour, to read the affidavit of Mr Schneider.

HIS HONOUR:   Well, I am aware of the contents of that affidavit and the facts of the matter are that counsel who has been in this matter for some time is overseas and will not be available for the date that has been fixed, and that there are particular financial arrangements which have been made which make it difficult, if not impossible, to obtain substitute counsel.

MR SOUTHWOOD:   That is so, your Honour, yes.

HIS HONOUR:   The applicant is not on Legal Aid I take it?

MR SOUTHWOOD:   No.  She is not legally aided.  That is set out in paragraph seven of Mr Schneider's affidavit.  In paragraph nine, Mr Schneider also says that he has made inquiries of other members of the Darwin Bar and that no other barrister is available who could adequately and efficiently present the appellant's case.  That is deposed to in paragraph nine.

HIS HONOUR:   Well, I would be sceptical of that and I imagine you would be too.  I mean, a barrister of any competency is able to present a case which does not really appear to have much complication about it.

MR SOUTHWOOD:   Well ‑ ‑ ‑ 

HIS HONOUR:   And, after all, the Bar which is available to make an application of this sort is not confined to Darwin.

MR SOUTHWOOD:   I think - so far as the application is concerned, it is, in a sense, confined to Darwin, your Honour, because of the financial constraints as I understand it.

HIS HONOUR:   Well, that must be the point is it not?

MR SOUTHWOOD:   Yes, it is.

HIS HONOUR:   I mean, this Court simply would not vacate a date or adjourn a hearing on the basis of the unavailability - simply on the basis of the unavailability of counsel.

MR SOUTHWOOD:   Yes.

HIS HONOUR:   It just would not.

MR SOUTHWOOD:   No, your Honour.  I think the key factor is the financial position of the applicant.  And it seems that there is an arrangement in place which enables her to retain Mr Waters.  Whereas so far as the other counsel are concerned, it is difficult to put in place an equivalent arrangement and she is not legally aided.  That is all I can rely on, if your Honour pleases.  That is the ‑ ‑ ‑ 

HIS HONOUR:   Well, it really is, is it not?  The unavailability of counsel is simply not a ground.

MR SOUTHWOOD:   No.

HIS HONOUR:   There is one other factor that you perhaps might rely on, and that is the fact that the application is not opposed.

MR SOUTHWOOD:   Not opposed.  Yes, it is not objected to, if your Honour pleases.  They are the only grounds.

HIS HONOUR:   Yes.

MR SOUTHWOOD:   If your Honour pleases.

HIS HONOUR:   Very well, Mr Southwood.  Well, reluctantly, but in view of the financial constraints upon the applicant, I am prepared to grant the application.

MR SOUTHWOOD:   If your Honour pleases.  Thank you, your Honour.

HIS HONOUR:   Is there anything else?

MR SOUTHWOOD:   No.

HIS HONOUR:   Very well.

AT 9.40 AM THE MATTER WAS ADJOURNED
INDEFINITELY