Shahi v Minister for Immigration and Citizenship

[2011] HCATrans 174

[2011] HCATrans 174

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M10 of 2011

B e t w e e n -

SAYED ABDUL RAHMAN SHAHI

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Defendant

Application for order to show cause

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 15 JUNE 2011, AT 9.30 AM

Copyright in the High Court of Australia

MS L.G. DE FERRARI:   If the Court pleases, I appear for the plaintiff.  (instructed by Victoria Legal Aid (Civil Law Section))

MR S.P. DONAGHUE:   If the Court pleases, I appear for the defendant.  (instructed by Australian Government Solicitor)

HER HONOUR:   Thank you.

MS DE FERRARI:   Your Honour will have received a draft proposed consent orders and the special case that has been agreed between the parties.

HER HONOUR:   Yes.

MS DE FERRARI:   Your Honour should also have received how we propose to amend the application for an order to show cause.

HER HONOUR:   Yes, I have, thank you.

MS DE FERRARI:   Which we will be filing in Court later today, if your Honour grants leave to filing the amended application.

HER HONOUR:   Yes.  Does that mean that you, in paragraph 2 of the proposed draft today’s date should be inserted?

MS DE FERRARI:   We were thinking just to give a little bit of a buffer.

HER HONOUR:   Leeway.

MS DE FERRARI:   Perhaps Friday the 17th.

HER HONOUR:   Thank you.

MS DE FERRARI:   Nothing much remains to be done except to prepare the annexures and have it signed.

HER HONOUR:   Very well then.  I shall add 17 June 2011 to paragraph 2 and otherwise makes orders in terms of the draft orders provided by the parties which I now sign and initial.

May I enquire, I see from the amendments that the scope of the issues is reduced when compared with the original initiating process.  Are you agreed that the hearing will require a whole day?  What is the position?

MS DE FERRARI:   Probably half a day, your Honour.

HER HONOUR:   Half a day.  I would have thought so.  Very well.  I am unable to give an indication today about the likely fixture, but inquiries later today of the Registry will give a better indication.

MS DE FERRARI:   I am grateful to your Honour.

HER HONOUR:   Thank you.

AT 9.32 AM THE MATTER WAS CONCLUDED