TTY167 v Republic of Nauru

[2018] HCATrans 128

[2018] HCATrans 128

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S46 of 2018

B e t w e e n -

TTY167

Appellant

and

REPUBLIC OF NAURU

Respondent

GAGELER J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 29 JUNE 2018, AT 10.00 AM

Copyright in the High Court of Australia

MR W.G. GILBERT, SC:   Good morning, your Honour.  If your Honour please, I appear with my learned friend, MR J.A. BARRINGTON, for the appellant.  (instructed by Clothier Anderson Immigration Lawyers)

MR R. O’SHANNESSY:   Good morning, your Honour, I appear for the Republic.  (instructed by Republic of Nauru)

HIS HONOUR:   I take it, Mr O’Shannessy, that you consent to the orders sought in the summons?

MR O’SHANNESSY:   Yes, your Honour, that is the position.  The application is not opposed.  There are a couple of minor matters in the appellant’s written submissions that we might have an issue with but I do not believe I need to detain your Honour with those.

HIS HONOUR:   Thank you very much.  Mr Gilbert, you rely on the affidavit of Catherine Jane Farrell?

MR GILBERT:   Yes, I do, your Honour.  It does not appear there is anyone - certainly present in Victoria - who seeks to be heard on the matter of the order sought.

HIS HONOUR:   Thank you.

MR GILBERT:   I cannot speak for Sydney.

HIS HONOUR:   You can take it that there is no one in Sydney who has appeared either.  Thank you, Mr Gilbert.  I do not need to hear you.

MR GILBERT:   Thank you, your Honour.

HIS HONOUR:   I am satisfied that adequate notice to persons entitled to appear under section 77RG(2) of the Judiciary Act has been given by publication of the Court list and I am satisfied, on the basis of the affidavit of Catherine Jane Farrell sworn 5 June 2018, that the making of a non‑publication order is necessary to protect the safety of the appellant.

The orders I therefore make are as follows:

1.Publication or other disclosure of information contained in material on the Court file which tends to reveal the identity of the appellant is prohibited.

2.On or before 29 June 2018, the appellant file two hard copies and one electronic copy of the core appeal book and of the appellant’s book of further materials redacted to remove information tending to reveal the identity of the appellant, to be called the “Redacted Core Appeal Book” and “Redacted Appellant’s Book of Further Materials”, and serve one hard copy and one electronic copy on the respondent.

3.The redacted core appeal book and the redacted appellant’s book of further materials be available for inspection and copying under rule 4.07.4 of the High Court Rules 2004 (Cth).

4.Until further order of the Court or a Justice, any document filed in this matter that tends to reveal the identity of the appellant not be available for inspection or copying under rule 4.07.4 of the High Court Rules 2004 (Cth).

Is there anything further, gentlemen?

MR GILBERT:   No, there are no further matters from the appellant’s perspective, your Honour.

MR O’SHANNESSY:   Nor from the Republic, your Honour.

HIS HONOUR:   Thank you.  The Court will now adjourn.

AT 10.02 AM THE MATTER WAS ADJOURNED