Rowe & Anor v Electoral Commissioner & Anor

[2010] HCATrans 206

[2010] HCATrans 206

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M101 of 2010

B e t w e e n -

SHANNEN ALYCE ROWE

First Plaintiff

DOUGLAS STEWART THOMPSON

Second Plaintiff

and

ELECTORAL COMMISSIONER

First Defendant

COMMONWEALTH OF AUSTRALIA

Second Defendant

FRENCH CJ
GUMMOW J
HAYNE J
HEYDON J
CRENNAN J
KIEFEL J
BELL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 5 AUGUST 2010, AT 4.16 PM

Copyright in the High Court of Australia

UPON RESUMING AT 4.16 PM:

FRENCH CJ:   The Court has received the further amended application for an order to show cause provided on behalf of the plaintiffs, which we are told is by consent.  Pursuant to that consent the plaintiffs will have obtained leave to amend the process to seek consequential declaratory relief if they are otherwise successful.  The Court is presently proposing at midday tomorrow to make its final orders disposing one way or the other of the plaintiffs’ claims of invalidity of the legislation which immediately affects them.  However, the enlarged relief now sought would go beyond the relief described in the already current notice under section 78B of the Judiciary Act and although this larger relief may follow as a consequence of the relief originally sought, if that relief were granted, it is desirable that further section 78B notices be given at once and to indicate the present intention of the Court to deal finally with the case at midday tomorrow.  This may mean that it will be necessary, quite apart from faxing notices, to actually ring the relevant officers of the Attorneys‑General.

MR GAGELER:   It is best if we do that, your Honour.

FRENCH CJ:   You will take the responsibility for that.

MR GAGELER:   Yes.

FRENCH CJ:   All right, thank you.  The Court will then adjourn until midday tomorrow.

AT 4.18 PM THE MATTER WAS ADJOURNED
UNTIL FRIDAY, 6 AUGUST 2010