Vu v Minister for Immigration and Citizenship

[2012] HCATrans 302

[2012] HCATrans 302

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S282 of 2012

B e t w e e n -

THI THU HIEN VU

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Defendant

Application for order to show cause

HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 19 NOVEMBER 2012, AT 9.38 AM

Copyright in the High Court of Australia

MR L.J. KARP:   May it please your Honour, I appear for the plaintiff.  (instructed by Dobbie and Devine Immigration Lawyers Pty Ltd)

MR A. MARKUS:   If the Court pleases, Markus, solicitor for the defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Thank you, Mr Markus.  All that is required is the direction of a timetable by consent?

MR KARP:   That is correct, your Honour.  The parties have amended the proposed timetable.

HIS HONOUR:   Yes.  Is that a document headed “Consent”?

MR KARP:   It is headed “Consent” but there have been late amendments to allow for the serving of subpoenas by either party.  I have a copy of the proposed orders.

HIS HONOUR:   Very well.  While that is being handed up, I should just apologise for the late start.  We had to go to another courtroom for the purposes of a video link.  Is it satisfactory to make the hearing date 21 February 2013?

MR KARP:   That is satisfactory from my point of view, your Honour.

MR MARKUS:   Yes, your Honour.

HIS HONOUR:   And what date would you like for order number 2 in relation to subpoenas?

MR KARP:   Fourteen days from today, your Honour, which would be ‑ ‑ ‑

MR MARKUS:   I am just checking, your Honour.  I think that would be 3 December.

HIS HONOUR:   Very well.  On what date should it be returnable?

MR KARP:   The seventeenth of December, your Honour.

HIS HONOUR:   If no one has any further submissions or proposals, I will make those orders as follows:

(1)The hearing of the application for an order to show cause be adjourned to be heard before a single Justice of the Court on 21 February 2013, the hearing date.

(2)The parties have leave to serve any subpoena on or before 3 December 2012.

(3)Any subpoena mentioned in order 2 above be returnable on 17 December 2012.

(4)The plaintiff is to file and serve any further evidence upon which he intends to rely not less than 28 days before the hearing date.

(5)The defendant is to file and serve any further evidence upon which he intends to rely not less than 21 days before the hearing date.

(6)The plaintiff is to file and serve written submissions 14 days before the hearing date.

(7)The defendant is to file and serve written submissions 7 days before the hearing date.

(8)The plaintiff is to file and serve written submissions in reply two days before the hearing date.

Is there anything else?

MR MARKUS:   Nothing further, your Honour.

MR KARP:   Nothing further, your Honour.

HIS HONOUR:   Thank you very much.

AT 9.42 AM THE MATTER WAS CONCLUDED