Tobey v Rezek and Anor

[2013] HCATrans 176

[2013] HCATrans 176

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  No C11 of 2013

B e t w e e n -

TOBEY

Applicant

and

REZEK

First Respondent

INDEPENDENT CHILDREN’S LAWYER

Second Respondent

Summons for reinstatement

HAYNE J

TRANSCRIPT OF PROCEEDINGS

FROM MELBOURNE BY VIDEO LINK TO CANBERRA

ON THURSDAY, 15 AUGUST 2013, AT 9.30 AM

Copyright in the High Court of Australia

TOBEY appeared in person.

MS M.T. BURGESS:   May it please the Court, I appear for the first respondent.  (instructed by Legal Aid Office (ACT))

HIS HONOUR:   The second respondent has filed a submitting appearance.  Ms Burgess, does the first respondent express any position about the application?

MS BURGESS:   The first respondent does not consent to the application for reinstatement, but we recognise that we are in your hands - at the discretion of the Court as to whether you wish to do so.  The only thing that we would seek to draw to the Court’s attention is the history of a failure to comply with deadlines.

HIS HONOUR:   Yes.  Just understanding, Ms Burgess, that the first respondent expresses no view, having looked at the file I am minded to reinstate the matter and to extend the time for compliance to 4.00 pm on 21 August next, simply with a view to the matter proceeding to a point where it can be then considered not by a single Justice but by a panel of Justices and let us then see where the matter goes.

MS BURGESS:   I am in your hands, your Honour.

HIS HONOUR:   Yes.  Thank you, Ms Burgess.  Doctor, you have heard what I have said to Ms Burgess.  I am minded to reinstate the application and extend the time for your compliance with filing the documents to 4.00 pm on 21 August next.  May I say this though, Doctor?  To put it bluntly, this is it.  It is a case of abide by this application.  You will receive, or you are likely to receive a very dusty reception if this time is not met. 

TOBEY:   Yes, your Honour.

HIS HONOUR:   Do you have anything to say about my fixing 4.00 pm, 21 August as the time by which this is to be done?

TOBEY:   No, your Honour.

HIS HONOUR:   There will be orders reinstating the application.  I fix 4.00 pm, 21 August 2013 as the time by which the applicant is to file the documents required by the rules.  The costs of this application I suggest might usefully be made costs in the application for special leave.  The consequence of that, Doctor, would be if your application for special leave were to succeed and an appeal were to succeed you would get your costs.  In any other event you would be liable to pay the costs. 

Ms Burgess, is there any reason not to make the costs costs in the application?

MS BURGESS:   No, your Honour, there is not.

HIS HONOUR:   Very well.  There will be orders in those terms.  Adjourn the Court.

AT 9.34 AM THE MATTER WAS ADJOURNED