Secretary Department of Health and Community Services v JWB

[1992] HCATrans 134

·~-

~

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Darwin No Dl of 1991

B e t w e e n -

SECRETARY, DEPARTMENT OF HEALTH

AND COMMUNITY SERVICES

Appellant

and

JWB AND SMB

Respondents

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

First Intervener

ATTORNEY-GENERAL OF THE

COMMONWEALTH

Second Intervener

Appeal pursuant to order under

section 95(b) Family Law Act

1975

For Judgment

MASON CJ

BRENNAN J

Marion 192 6/5/92

DEANE J .

DAWSON J

TOOHEY J
GAUDRON J

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 6 MAY 1992, AT 10.17 AM

(Continued from 2/5/92)

Copyright in the High Court of Australia

(Reasons for judgment were delivered)

MR D.H. SOLOMON:  Your Honour, I appear for the appellant in

that matter. (instructed by the Crown Solicitor

for the New South Wales)

At the conclusion of the hearing of argument,

Your Honour Justice Deane asked the Solicitor-

General for the Northern Territory about the
determination of the factual matters in that case.

There has been such a determination.	I do not know
whether the Court wishes to hear that.

MASON CJ:	What are you leading up to?
MR SOLOMON:	I was going to inform the Court of that

determination.

MASON CJ:  Mr Solomon, the Court takes the view that the

determination of the factual matter does not

concern us. Questions of law were referred to the

Court and we have answered those questions of law.

MR SOLOMON:  Very well, Your Honour.

AT 10.23 AM THE MATTER WAS ADJOURNED SINE DIE

Marion 193 6/5/92