The Maritime Union of Australia & Anor v Assistant Minister for Immigration and Border Protection & Anor

[2015] HCATrans 280

[2015] HCATrans 280

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S136 of 2015

B e t w e e n -

THE MARITIME UNION OF AUSTRALIA

First Plaintiff

AUSTRALIAN MARITIME OFFICERS’ UNION

Second Plaintiff

and

ASSISTANT MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Defendant

COMMONWEALTH OF AUSTRALIA

Second Defendant

Directions hearing

BELL J

TRANSCRIPT OF PROCEEDINGS

FROM SYDNEY BY VIDEO LINK TO MELBOURNE

ON WEDNESDAY, 28 OCTOBER 2015, AT 10.00 AM

Copyright in the High Court of Australia

____________________

MR N.J. WILLIAMS, SC:   May it please the Court, I appear with MR B.K. LIM for the plaintiffs.  (instructed by Slater and Gordon Lawyers)

MR S.P. DONAGHUE, SC:   May it please the Court, I appear for the defendants.  (instructed by Australian Government Solicitor)

HER HONOUR:   Now, the draft of the special case has been filed and I have read that.  The matter appears to be in order and, as I understand it, it is one issue:  has the exception eaten the rule?

MR WILLIAMS:   In effect.  That is subject to one qualification and that is that we are seeking leave, and I understand it is not opposed, to amend the application.  If I could hand up to your Honour short minutes of order and the form of the amended application - the amendment appears in paragraph 11A.  It does not represent a significant qualification on your Honour’s observation that the matter is within a confined compass.

HER HONOUR:   Yes.  Mr Donaghue, there is no objection to the proposed amended application for an order to show cause?

MR DONAGHUE:   That is correct, your Honour.

HER HONOUR:   Yes, very well.  You have leave to proceed on the amended application.

MR WILLIAMS:   Thank you, your Honour.

HER HONOUR:   Let me just read the proposed directions.  Mr Donaghue, you are content with these directions?

MR DONAGHUE:   We are, your Honour.  They are by consent, if your Honour ‑ ‑ ‑

HER HONOUR:   Yes, thank you.  There will be the following orders: 

1.Pursuant to rule 3.01 of the High Court Rules 2004 (Cth), the plaintiffs have leave to file and serve an amended application for an order to show cause in the form initialled by me on today’s date and placed with the papers.

2.Upon the plaintiffs filing a special case pursuant to rule 27.08 on or before 4.00 pm on 4 November 2015, the special case will be referred for consideration by a Full Court.

3.Subject to any further or other direction Part 44 of the High Court Rules relating to written and oral submissions with any necessary variations or adaptions shall apply to the proceeding.

4.On or before 4.00 pm on 11 November 2015, the plaintiffs are to file 12 copies, including one unbound, unperforated copy, of the special case book and serve the special case book on the defendant.

5.On or before 4.00 pm on 23 November 2015, the plaintiffs are to file and serve written submissions of no more than 20 pages and a chronology annotated to refer to the pages of the special case book that contain relevant documents and agreed facts and evidence, together with a list of authorities in accordance with Practice Direction No 1 of 2013.

6.On or before 4.00 pm on 14 December 2015, the defendants are to file and serve written submissions of no more than 20 pages and a chronology annotated to refer to the pages of the special case book that contain relevant documents and agreed facts and evidence, together with a list of authorities in accordance with Practice Direction No 1 of 2013.

7.On or before 4.00 pm on 5 January 2016, the plaintiffs are to file and serve written submissions in reply of no more than 5 pages annotated to refer to the pages of the special case book that contain relevant documents and agreed facts and evidence.

8.The parties have liberty to apply on three days’ notice.

9.The costs of the application are reserved.

Thank you.

MR WILLIAMS:   May it please the Court.

AT 10.05 AM THE MATTER WAS ADJOURNED