Sailor v The Queen

This matter came before the High Court of Australia on an application for directions. The applicant, Sailor, was represented by Mr M.F. Adams, QC, and the respondent was the Queen. The proceedings revealed a history of non-compliance with the Court's rules, particularly concerning supporting affidavits and service, which the Court indicated it was not prepared to tolerate.

The central legal issues before the Court concerned the reasons for the applicant's solicitor's repeated failure to comply with procedural rules, and the delays experienced in obtaining legal aid. The Court also considered the appropriate communication protocols for the grant of legal aid.

The Court was informed that a practice had arisen among some solicitors of filing applications to get onto court lists as early as possible, deferring matters requiring further consideration, such as legal aid applications. The Legal Aid Commission representative explained that while an application for aid was received on 27 March, there was an unexplained delay until 8 May before advice on the merits could be obtained. Aid was granted on 24 May, but formal letters were not dispatched until 5 July, despite an earlier telephone notification to the solicitors. The Court stressed that decisions to grant legal aid should be communicated in writing immediately, as oral communication could be overlooked or not acted upon without written confirmation.

The Court accepted assurances that strict compliance with the rules would be taken seriously in future. No specific orders were made in this transcript, as it appears to be a hearing for directions regarding the procedural issues raised.