SZQDG v The Honourable Nick Nicholls, Federal Magistrate & Ors

[2012] HCATrans 41

[2012] HCATrans 041

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S396 of 2011

B e t w e e n -

SZQDG

First Plaintiff

SZQDH BY HER LITIGATION GUARDIAN SZQDG

Second Plaintiff

and

THE HONOURABLE NICK NICHOLLS, FEDERAL MAGISTRATE

First Defendant

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Second Defendant

REFUGEE REVIEW TRIBUNAL

Third Defendant

Application for an order to show cause

HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 20 FEBRUARY 2012, AT 9.30 AM

Copyright in the High Court of Australia

MR L.J. KARP:   May it please your Honour, I appear for the plaintiff.  (instructed by Rasan T. Selliah & Associates)

MR G.R. KENNETT, SC:   May it please the Court, I appear for the Minister, the second defendant.  I understand there are submitting appearances by the other defendants.  (instructed by Minster Ellison)

HIS HONOUR:   Yes, they are in the file.  Thank you.  I think all we need to do is sort out the timetable.  I am working off Mr Kennett’s written submissions, paragraph 13 of which has a timetable with blanks.  So, Mr Karp, do you need to file any further evidence?

MR KARP:   Yes, your Honour.

HIS HONOUR:   How long would you like to do that?

MR KARP:   Would 21 days be convenient, your Honour?

HIS HONOUR:   That seems a long time, but if you think it is necessary, yes.  Today is 20 February, so 21 days will be 12 March.

MR KARP:   Thank you, your Honour.

HIS HONOUR:   Then, Mr Kennett, any evidence in reply.  How long would you need?

MR KENNETT:   I think 14 days would be sufficient.  I do not expect it to be anything beyond what was before the Federal Magistrate.

HIS HONOUR:   That takes us to 26 March.  Then your written submissions, Mr Karp.

MR KARP:   I think seven days after that, your Honour.

HIS HONOUR:   That is 2 April.  Then second defendant written submissions.

MR KENNETT:   Another seven days would be sufficient.

HIS HONOUR:   Now, should we set the matter down for hearing soon after that?  The Court is in Canberra on 16 April.

MR KENNETT:   I have just been reminded that Easter intervenes somewhere in this.

HIS HONOUR:   Good Friday is 6 April.  Yes.  In those circumstances, perhaps that 9 April should be 16 April.

MR KENNETT:   Yes.  Thank you, your Honour.

HIS HONOUR:   Now, the Court is sitting in Canberra from 17 April onwards.  Would it be convenient to have the matter set down for hearing on Monday, 23 April?

MR KENNETT:   It would for my part, your Honour.

HIS HONOUR:   Mr Karp, are you free then?

MR KARP:   I may have a problem, your Honour.  I may be called to be a witness in a case in the District Court.

HIS HONOUR:   What is the timeframe in which that unpleasant event might take place?

MR KARP:   On 23 and 24 April, more likely 24, but if the matter is set down for the morning of the 23rd, I could inform the solicitors and get them to arrange their timetable around that.  I warned them of this and they said they would accommodate me if necessary.

HIS HONOUR:   What you are saying, you would be free on the 26th or the 27th of that week?

MR KARP:   The 27th, your Honour, not the 26th.

HIS HONOUR:   Not the 26th.  Are you free on the 27th, Mr Kennett?

MR KENNETT:   Yes, your Honour.

HIS HONOUR:   Let us set it down for 27 April.  Then there is liberty to apply.  There is no need to make an order as to the costs of today.  I should indicate that on the 27th I think we will consider such questions as remitter to the Federal Court, remitter, if that is the correct word, to a Full Bench of this Court and if not, whether a single Justice, that is to say me, should grant or refuse the relief.  All those questions can be determined on that day.  If there is nothing else then, I will make those orders as follows:

1.The plaintiffs file and serve any further evidence on which they intend to rely by 12 March 2012.

2.The second defendant to file and serve any evidence on which he intends to rely by 26 March 2012.

3.The plaintiffs to file and serve written submissions by 2 April 2012.

4.The second defendant to file and serve written submissions by 16 April 2012.

5.The application for an order to show cause be set down for hearing before a Justice of the Court on 27 April 2012.

6.The parties have liberty to apply on three days notice.

It follows from what I said in order 5 that it may or may not be me who is the Justice.  Nothing else?  Very well. 

AT 9.36 AM THE MATTER WAS ADJOURNED