Unions NSW & Ors v State of New South Wales

[2022] HCATrans 161

[2022] HCATrans 161

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S98 of 2022

B e t w e e n -

UNIONS NSW

First Plaintiff

NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION

Second Plaintiff

PUBLIC SERVICE ASSOCIATION AND PROFESSIONAL OFFICERS’ ASSOCIATION AMALGAMATED UNION OF NEW SOUTH WALES

Third Plaintiff

NEW SOUTH WALES LOCAL GOVERNMENT, CLERICAL, ADMINISTRATIVE, ENERGY, AIRLINES & UTILITIES UNION

Fourth Plaintiff

and

STATE OF NEW SOUTH WALES

Defendant

KEANE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA AND BY VIDEO CONNECTION

ON WEDNESDAY, 28 SEPTEMBER 2022, AT 9.29 AM

Copyright in the High Court of Australia

____________________

HIS HONOUR:   As the Court is sitting remotely, I will announce the appearances for the parties.

MS C.G. WINNETT appears with MS S.J. CHORDIA for the plaintiffs.  (instructed by Gilbert + Tobin)

MR B.K. LIM appears for the respondent.  (instructed by Crown Solicitor (NSW))

HIS HONOUR:   Ms Winnett and Mr Lim, I have had the advantage of seeing the proposed orders that have been provided, and I note the plaintiffs’ intention in relation to include in the joint book of authorities any authorities that may be relevant to their reply submissions, which is very satisfactory, and I am content with the special case that the parties have agreed.

As to the proposed orders, I am content to make orders 1 to 5.  As to order 6, which is:

6.The matter be set down for hearing before the Full Court on [16 and 17 November 2022].

I do not want to cause any alarm.  My expectation is that those will be the dates when the matter will be heard.  That is certainly my expectation.  My only difficulty is that for administrative reasons I am just not in a position today to actually make that order.  So doing as much as I can not to frighten anybody.  It is my expectation that those will be the dates.  I just cannot make order number 6 today.  So with that exception unless, Ms Winnett or Mr Lim, you have something to tell me, my inclination will be to make the orders in the draft proposed orders 1 to 5 initialled by me and placed with the papers.

Ms Winnett, is there anything you need to tell me?

MS WINNETT:   No, your Honour.  Thank you.

HIS HONOUR:   Mr Lim?

MR LIM:   Nothing from me.  Thank you, your Honour.

HIS HONOUR:   Very well.  Well, can I congratulate the parties on being able to cooperate to the extent that they have to get the matter ready as promptly as they have.  The Court is very grateful for your efforts.  Very well, then.  I will make the orders in terms of the draft proposed orders 1 to 5 initialled by me and placed with the papers.

1.The parties have leave to file a revised special case on or before 30 September 2022, with amendments confined to the inclusion of any further relevant expenditure disclosures for the 2021‑2022 financial year published by the NSW Electoral Commission on or around 28 September 2022.

2.The agreed special case filed on 23 September 2022, or any revised special case filed on 30 September 2022, be referred to the Full Court.

3.The plaintiffs are to file and serve a special case book on or before 5 October 2022.

4.The parties and any interveners are to file and serve written submissions in accordance with the following timetable and otherwise in accordance with Pt 44 of the High Court Rules:

(a)The Plaintiffs are to file and serve written submissions on or before 7 October 2022.

(b)Any interveners supporting the Plaintiffs are to file and serve written submissions on or before 14 October 2022.

(c)The Defendant is to file and serve written submissions on or before 26 October 2022.

(d)Any interveners supporting the Defendant are to file and serve written submissions on or before 2 November 2022.

(e)The Plaintiffs are to file and serve written submissions in reply on or before 8 November 2022.

5.The Plaintiffs are to file and serve the Joint Book of Authorities on or before 7 November 2022.

Adjourn the Court, please.

AT 9.32 AM THE MATTER WAS ADJOURNED