SZUSH v Minister for Immigration and Border Protection & Ors; CZBO v Minister for Immigration and Border Protection & Ors

[2016] HCATrans 105

[2016] HCATrans 105

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Canberra  No C6 of 2015

B e t w e e n -

SZUSH

Plaintiff

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Defendant

FEDERAL CIRCUIT COURT OF AUSTRALIA

Second Defendant

ADMINISTRATIVE APPEALS TRIBUNAL

Third Defendant

Office of the Registry
  Canberra  No C7 of 2015

B e t w e e n -

CZBO

Plaintiff

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Defendant

FEDERAL CIRCUIT COURT OF AUSTRALIA

Second Defendant

ADMINISTRATIVE APPEALS TRIBUNAL

Third Defendant

NETTLE J

TRANSCRIPT OF PROCEEDINGS

FROM CANBERRA BY VIDEO LINK TO SYDNEY

ON MONDAY, 9 MAY 2016, AT 4.26 PM

Copyright in the High Court of Australia

____________________

MR H.R. FORD:   Your Honour, I appear for the plaintiffs in these matters.  (instructed by Hugh Ford Solicitor)

MR P.M. KNOWLES:   May it please the Court, I appear for the respondents.  (instructed by Clayton Utz)

HIS HONOUR:   Mr Ford and Mr Knowles, I have had the benefit of some proposed draft directions which were submitted with the Commonwealth’s outline of submissions.  Mr Ford, are you in agreement with those?

MR FORD:   Yes, your Honour.

HIS HONOUR:   What I am hoping to do, depending upon the way the business of the Court goes this week, is deal with this matter on a final basis next Friday, if that is not too inconvenient to counsel, at around 12 o’clock.  That is tentative at the moment, because I am not too sure on the way in which the business will go, but I am hopeful that we will know better by tomorrow or first thing Wednesday and can confirm that it will be then rather than on Monday next week.  I take it that would be more suitable to you because you are Canberra based rather than dealing over video and such like with Melbourne.

MR FORD:   Your Honour, I am in your hands on this matter.

HIS HONOUR:   Very well.

MR FORD:   Whatever you desire we will be amenable to.

HIS HONOUR:   Thank you.  Mr Knowles, is that satisfactory for you?

MR KNOWLES:   Your Honour, I am instructed in a matter in Brisbane next Friday, but I could appear by video link at 12 o’clock from Brisbane if that is suitable to the Court.

HIS HONOUR:   Yes, certainly.  Thank you.  On that basis then, gentlemen, I will make directions as follows:

1.Any further affidavit in the proceeding be filed and served by Tuesday, 10 May 2016.

2.The plaintiff is to file and serve any further written submissions by 1.00 pm on Wednesday, 11 May 2016.

3.The first defendant is to file written submissions by 4.00 pm on Thursday, 12 May 2016.

4.Subject to further direction, the matter will be listed for hearing on 13 May 2016 at 12 noon.

Nothing further at this stage?

MR FORD:  No, your Honour.

MR KNOWLES:   No, your Honour.

HIS HONOUR:   Thank you both, gentlemen.  Adjourn sine die.

AT 4.28 PM THE MATTER WAS ADJOURNED