Wentworth v New South Wales Bar Association
[1991] HCATrans 309
| IN THE HIGH COURT OF AUSTRALIA |
| Office of the Registry |
Sydney No Sl41 of 1991 B e t w e e n -
KATHERINE WENTWORTH
Applicant
and
NEW SOUTH WALES BAR ASSOCIATION
Respondent
Application for expedition
GAUDRON J
(In Chambers)
| Wentworth | 1 | 1/11/91 |
TRANSCRIPT OF PROCEEDINGS
AT SYDNEY ON FRIDAY, 1 NOVEMBER 1991, AT 2.09 PM
Copyright in the High Court of Australia
| MR J.J. GARNSEY, QC: | May it please the Court, I appear with |
my learned friend, MS J.V. COOMBES, for the
applicant. (instructed by H.D. Kelly)
| MR R.S. HULME, OC: | May it please the Court, I appear with |
my learned friend, MR I. NEIL, for the respondent.
(instructed by Michael Rosser & Co)
| MR D. COWAN: | May it please the Court, I appear for the |
Attorney-General in and for the State of New South
Wales. (instructed by the State Crown Solicitor) The Attorney-General has previously appeared in the
New South Wales Court of Appeal as amicus curiae
and the role that he will seek to take in this
Court has not been determined and I appear this
afternoon as a matter of courtesy to the Court.
| HER HONOUR: | Thank you, Mr Cowan. | Do I need to make any |
order?
| MR COWAN: | Not at this stage, no. |
| MR GARNSEY: | No. | I think, Your Honour, we would say the |
Attorney-General has no direct interest in the
subject of this application or in the application
for special leave to appeal. For two reasons: one
is the precise issues which do not extend so far as
the matter in which the Attorney-General was
interested in relation to the proceedings beforethe Court of Appeal but, secondly, because in
relation to that matter the Attorney-General was
permitted to appear as amicus curiae because there
was at that stage an interest in the
Attorney-General in seeing whether the legal
qualifications for applicants for admission were
satisfied. Since the argument in the Court of
Appeal and the decision of the Court of Appeal, the
legal qualifications of the applicant have been
satisfied and that is no longer an issue in any
proceedings, we would say.
| HER HONOUR: Well, what follows from that? | |
| MR GARNSEY: | Just that we will not agree to pay his costs |
under any circumstances, if Your Honour pleases.
| HER HONOUR: | All right. | Can he be heard as amicus curiae? |
MR GARNSEY: That is a matter for Your Honour.
HER HONOUR: That is all he seeks?
| MR GARNSEY: | Yes, Your Honour. |
| HER HONOUR: | Do you dispute that, that that is possible? |
| Wentworth | 2 | 1/11/91 |
| MR GARNSEY: | No, Your Honour. |
HER HONOUR: All right, very well.
MR GARNSEY: | Your Honour, this is an application for expedition of an application for leave to appeal. |
| The summons - - - |
HER HONOUR: Is that the only application?
| MR GARNSEY: | The summons seeks orders for abridgement of |
time for service of this application and for - - -
| HER HONOUR: | A stay. |
| MR GARNSEY: | - - - a stay, and that the application for |
special leave to appeal be expedited. The application for a stay would not appear to be appropriate in the light of the nature of the orders made by the Court of Appeal.
HER HONOUR: Well, that is not pressed, I take it?
| MR GARNSEY: | That is not pressed. The summons was dated |
30 October 1991 and the application for leave to
appeal was - - -
HER HONOUR: Well, perhaps at this stage I should ask
Mr Hulme: is there any problem about the
abridgement of time?
| MR HULME: | Not at all, Your Honour. |
| HER HONOUR: | And I take it is the same for you, Mr Cowan? |
MR COWAN: Certainly, Your Honour.
HER HONOUR: Well, we will just deal simply with the
expedition question.
MR GARNSEY: If Your Honour pleases. Your Honour, the
application for special leave to appeal is also dated 30 October 1991 and the summons is numbered
in the proceedings, being the application for
special leave.
There are two affidavits we would seek to rely
on in support of the application; one of
Katherine Wentworth of 30 October 1991 - that is
the principal affidavit relied upon in this application - and we also seek to refer, if
appropriate, to the affidavit in support of the
application for special leave which is an affidavit
of Mr Russo sworn 30 October 1991.
Would Your Honour wish me to read the
affidavits?
| Wentworth | 1/11/91 |
| HER HONOUR: Well, I have read them, Mr Garnsey. The |
problem seems to me to be this: the matter could
not be dealt with, could it, in the ordinary course
by February?
| MR GARNSEY: | Your Honour informs me of that. |
HER HONOUR: Well, that seems to me to be the problem.
| MR GARNSEY: | Your Honour, the reasons for expedition are |
based on the desire of the applicant to
commence
| HER HONOUR: | - - - join the readers' course in February. |
| MR GARNSEY: | Yes, in February. |
HER HONOUR: This Court cannot admit her to the Bar, can it?
| MR GARNSEY: | No, Your Honour. | I am sorry, what does not |
appear, I think, from the affidavit is that the
matter in the supreme court has been remitted to a
single judge, Mr Justice Campbell, and is listed
for mention to obtain a date for hearing on
6 November. It is expected that a prompt date for
hearing will be obtained to enable the supreme court to dispose of the matter this year. The
importance of the matter to be determined on appeal
is the proper constitution of the proceedings.
| HER HONOUR: | But that is an interlocutory matter in one |
sense. It does not determine absolutely admission
to the Bar.
| MR GARNSEY: | No, Your Honour. | In so far as it maintains the |
submitted to the Court of Appeal that, under the Legal Profession Act 1987, the Bar Association was not properly a party and that the court-had no power to permit the Bar Association to
Bar Association as a party, it is a final order. applicant
be a party.
| HER HONOUR: | But you also acceded, did you not, to the |
proposition that the Bar Council was entitled to be
heard?
| MR GARNSEY: | Yes, under section 51 of the Act. | I did not |
quite, with respect, accede to all that His Honour
Mr Justice Mahoney said I did. An examination of
the transcript, with respect, will bear that out.
HER HONOUR: Well, there must be a hearing before
Ms Wentworth - I am sorry, that does not follow
either.
| MR GARNSEY: | No. |
| Wentworth | 4 | 1/11/91 |
HER HONOUR: | If the Bar Council wishes, it can be heard in opposition to Ms Wentworth's admissions to the Bar? |
| MR GARNSEY: | Yes. | We submit that it is not entitled to call |
evidence.
| HER HONOUR: | To call evidence. | Is it entitled to |
cross-examine?
MR GARNSEY: | The words of section 51 of the Legal Profession Act are "appear and be heard". | We say, no, if |
Your Honour pleases. We say - and this may be a reason for the Attorney-General being heard - that
the structure of the Act obliges an applicant to
put before the Admission Board what ought to be put
before it. If that is inadequate, then it is forthe Attorney-General to intervene to say that
requirements of the Act have not been complied
with.
There has never been a case that we have been
able to find of the nature of this present one:
that is, where there is an applicant for admission
with no convictions and who has not previously beenstruck off for committing an ethical offence, whose
admissions has been contested. I leave aside the case of enemy aliens or failure to pass exams.
| HER HONOUR: | I thought they did it with women, once or |
twice.
| MR GARNSEY: | Yes. |
| HER HONOUR: | I think there have been two cases, have there |
not?
MR GARNSEY: That must have been a long time ago, if
Your Honour pleases.
HER HONOUR: Well, Miss Bacon, I think, was -
| MR GARNSEY: | No, if Your Honour pleases, Miss Bacon had |
convictions.
| HER HONOUR: | I see. |
| MR GARNSEY: | And also a specific matter was investigated, |
that is, whether she had lied in respect of a bail
matter. No, I was taking into account Miss Bacon's case, if Your Honour pleases, in what I said to
Your Honour. All the matter considered in
Miss Bacon's case arose because of material -
HER HONOUR: All right, we should not go into this, it does
not matter.
| Wentworth | 1/11/91 |
| MR GARNSEY: | No - that Miss Bacon herself laid before the |
Court though, if Your Honour pleases, and that
included details of her conviction and other
matters. I am unaware of the other case.
HER HONOUR: | No, well, I mean it is, I suppose, purely coincidental. |
| MR GARNSEY: | Yes. But, if Your Honour pleases, the |
importance of the matter for the hearing of this
application is that we say it should be heard on aproper basis with the properly constituted
parties - proceedings, and that if the applicant is
correct in her submissions that the Bar Association
is not entitled to be a party, then it is extremely
unlikely that any matter in opposition to her
admission will be proceeded with.
| HER HONOUR: | Except that the Bar Council may appear and you |
tend to suggest that the Attorney-General may be
heard.
| MR GARNSEY: | Yes, Your Honour. | But the particulars of the |
case presented against the plaintiff does not
extend to convictions nor could it logically extend
to ethical offences or offences for breach of
ethics. We say it is a case that is completely speculative and that should be taken into account,
with respect, in determining whether the suit isproperly constituted.
| HER HONOUR: | That does not seem to me to be the problem at |
all. If the Bar Council may appear and the Attorney-General may appear, even assuming you were
entirely successful, how could this matter be
finalized by February? That seems to me to be the
problem.
| MR GARNSEY: | Because we say it would proceed on the basis |
that the Bar Council would not be able to adduce
any evidence and the Attorney-General, we say,
would not be able to produce evidence of convictions or any other relevant matter, so that
the hearing would be very short.
HER HONOUR: When? When would it be? When would this short
hearing take place?
| MR GARNSEY: | Your Honour, we understand that |
Mr Justice Campbell does not have any matters
listed before His Honour between now and the end of
the year.
HER HONOUR: All right, but how could this matter be dealt
with in this Court before now and the end of the
year? That is the problem.
| Wentworth | 6 | 1/11/91 |
MR GARNSEY: Well, that is what I was afraid Your Honour was
putting to me earlier. Your Honour, I do not know. I am asking Your Honour, if Your Honour pleases.
HER HONOUR: Well, there are two special leave days. If one
were to assume for the moment that you were to be
heard in November - we will make that assumption -
it would still be impossible for you to be in the
December list because the list is full, as I
understand it. That is the problem. So, the
matter could not be dealt with in this Court in
time for an admission to take place for the
readers' course to happen or to be undertaken in
February. That seems to me to be the difficulty.
MR GARNSEY: All I can put to Your Honour is that perhaps -
I hope it is not an impertinent submission - the matter could be dealt with as expeditiously in
relation to an appeal as on an application for
special leave.
| HER HONOUR: | I do not follow that. |
| MR GARNSEY: | Your Honour, the extent to which it would be |
necessary to go into the material on an application
for special leave - it is not a factual matter, it
is a matter of construction of the statutes - I
would respectfully submit would not take
significantly less time than determination of the
whole appeal.
HER HONOUR: Again, I do not follow that, I am sorry.
| MR GARNSEY: | We would ask Your Honour to deal with it on the |
application for leave - deal with the appeal on the
application for leave if leave be granted.
| HER HONOUR: | But that could not happen. | It could not happen |
in the ordinary course, could it? The Court is
sitting in two divisions, I think, both in November
and in December on the special leave days. The
Court is sitting in two divisions. It could not happen.
| MR GARNSEY: | Then I do not think I can say any more, if |
Your Honour pleases.
HER HONOUR: All right. I am sorry, I do not wish to
intimidate you in that way. Is there some way it can be dealt with? I simply do not see it.
| MR GARNSEY: | No, I can only throw myself at the mercy of the |
Court and ask the Court on the appeal to constitute
itself not in accordance with its present practice,
in a smaller number, Your Honour.
| HER HONOUR: | You want every rule to be waived? |
| Wentworth | 1/11/91 |
| MR GARNSEY: | Almost every rule, Your Honour. |
HER HONOUR: Let us assume, for the moment, that every rule
were, you have still got to go back to the supreme
court.
| MR GARNSEY: | Yes, Your Honour. |
| HER HONOUR: | And I cannot waive every rule, can I? |
| MR GARNSEY: | No, Your Honour. |
| HER HONOUR: | Do you know of any case in recent times in |
which a bench constituted for the purposes of
special leave has proceeded to deal with the matter
as an appeal?
| MR GARNSEY: | I am told of a case in 1981, Your Honour. | ||
| HER HONOUR: | Yes, in recent times? | ||
| MR GARNSEY: | Your Honour's "recent times" are after 1981? | ||
| HER HONOUR: | Yes. | ||
| MR GARNSEY: |
|
criminal matters in which I understand the practice
for the constitution of the Court has varied a
little. In civil matters, no, Your Honour.
| HER HONOUR: | Yes. | I certainly know of no case raising |
issues of this kind that have been dealt with by a
Court of three in recent times.
| MR GARNSEY: | Yes, Your Honour. | Your Honour, the only other |
matter I can put to Your Honour is in relation to
the public importance of the matter in having thismatter determined expeditiously.
HER HONOUR: Well, all matters which are granted special
leave are matters of public importance, Mr Garnsey.
| MR GARNSEY: | Yes, Your Honour, but - |
| HER HONOUR: | And whether or not there are degrees is not |
necessarily a matter that can be determined in
cases such as this.
| MR GARNSEY: | No, Your Honour. | The only matter I could put |
to Your Honour in relation to that is that the
criteria for admission to the profession is one of the basic matters to safeguard the independence of the profession and so we - - -
| HER HONOUR: | Which all suggests that the appeal could not be |
dealt with, if leave were granted, on an
application for special leave.
| Wentworth | 1/ 11/91 |
| MR GARNSEY: | Yes. | Your Honour, all I can say is, with |
respect, that on this side of the bar table we have
as much confidence in three members of the Court as
in seven or, indeed, in any intermediate number.
| HER HONOUR: | Yes. | ||
| MR GARNSEY: | May it please the Court, I cannot say any more. | ||
| HER HONOUR: |
| ||
| MR HULME: | Your Honour, we take the view that whether |
expedition should be granted is primarily a matter
for the Court rather than for the respondent to
such an application.
May I, however, just to assist the Court,
raise a couple of matters? Firstly, Ms Wentworth,
though she says in her affidavit that she is
suffering grave prejudice, as I understand it,
received her final examination results only within
the last week would suggest that no prejudice in
practical terms existed prior to that but
undoubtedly - - -
| HER HONOUR: | That being so, she would ordinarily be entitled |
to admission and to enter the readers' course in
February.
| MR HULME: | Admission between now and the end of the year and |
entry in February, I accept that, Your Honour. I merely wish to put the degree of hardship in context. It really operates from now until she is
admitted, if that is the situation, rather than
having existed in the past.
The next matter to which I would address the
Court is that obviously the question of whether the
Bar Association is entitled to appear in
applications for admission in the supreme court is
a matter of substantial importance so far as the
practice of the Bar in New South Wales is concerned and it is a matter which we would suggest was more
appropriate for a Full Bench of the High Court, if
it reaches the High Court, rather than just, if I
could use the term, an "ad hoc bench" that is
sitting in the special leave application.
Success in the application for special leave
and in the appeal would, in practical - - -
HER HONOUR: If leave is granted.
| MR HULME: | If leave was granted - would avail Ms Wentworth |
nothing unless she were also to succeed on the
other application, namely, to the effect that the
Bar Council is not entitled and nor is anyone else
| Wentworth | 1/11/91 |
to adduce evidence to the supreme court on an
application for admission. As I indicated to the
supreme court, I have instructions to seek leave to
appeal - to seek to have the Bar Council
substituted in the event that the Bar Association
is not held a proper party and, with respect, it is
in the highest degree unlikely that Parliament
intended, by its passing of this Act, to leave a
situation where there was no one who could adduce
evidence in support of an application by someone
for admission to the Bar. Even if that unlikely
situation were availed at in a circumstance where
the Court was aware that there was some opposition
but no one was allowed to adduce evidence, one
would expect it would be very difficult for
Ms Wentworth to satisfy the supreme court, as she must do, that she was of good fame and character
where, effectively, there could be no investigation
of that topic.
I think, finally, the only other matter I want
to raise is this: my learned friend, Mr Garnsey, did say that there were no criminal convictions
involved in the Bar Council's opposition to
Ms Wentworth and that it really was an
investigation into her disposition. In the
particulars which have been supplied, there is anallegation that Ms Wentworth made statements to the
Court which were false to her knowledge and other
statements to the Court which were made recklessly,
not caring whether they were true or false.
| HER HONOUR: | It is a different issue, is it not? |
| MR HULME: | That goes to the issues. | I merely wish to |
correct the record as it was put by my learned
friend to the Court.
I am sorry, I said that was final. There is
one other matter. The estimate which we have given to the supreme court of the time which this would
take as presently constituted is that it would take something of the order of 2 weeks. Now, obviously, there is time if the supreme court expedites it for
that to be heard -
HER HONOUR: Is it listed?
MR HULME: It is not listed, Your Honour. It was granted
expedition in the Court of Appeal and listed for
18 November. When the Court of Appeal disqualifiedthemselves and remitted the matter to the common
law division, there were no orders made as to how
it should proceed. Subsequently, it has been
listed for mention before Mr Justice Campbell for
next Wednesday. Now, whether His Honour will take the view that because of the order for expedition
| Wentworth | 10 | 1/11/91 |
which was made, presumably, in the context of the
relative importance of this matter and other
matters in the Court of Appeal - will take the view
that it is more urgent than other matters in the
common law list, Your Honour could assess as well
as I. But that is the situation. It presently has
no hearing date. There are objections to the basis
upon which we put the case by way of objections to
particulars. If they have to be resolved before
the hearing, that will tend to further delay
things. At this stage, no evidence has been put on
by Ms Wentworth in the hearing dealing with the
matters that we have directed attention to by way of particulars and, to some degree, so far by way
of evidence.
So that even if this Court granted expedition
of the special leave application, even if it
granted special leave and even if it heard the
special leave application, there would seem to be
some considerable doubt whether it could be
determined by the supreme court between now and the
end of the year. But Your Honour could assess the possibilities or probabilities in that regard as
well as I. Unless there is any other matter that
the Court thinks I can assist with, that is all we
wish to say.
| HER HONOUR: | Yes, thank you, Mr Hulme. | Mr Cowan? |
| MR COWAN: | Your Honour, I do not wish to say anything in |
relation to the substantive application, but might
I simply say in relation to one matter that was raised by my learned friend, Mr Garnsey, which wasthe interests that the Attorney-General had in
these proceedings, !,lest it be relevant at some
later stage, do not accept that the Attorney's
interests are as described by Mr Garnsey.
| HER HONOUR: | Yes, thank you. Anything in reply, Mr Garnsey? | ||
| MR GARNSEY: |
|
even if the Bar Association were not appearing there would still be the problem in the applicant
satisfying the supreme court as to good fame and
character. There is no problem. The relevant statutory declarations or affidavits of members of the Bar have been filed, including one from senior counsel.
| HER HONOUR: | But for some reason that I do not quite |
understand, perhaps it does not matter, the
application for admission - has it been made in the
usual way?
| MR GARNSEY: | I can tell Your Honour. | The applicant applied |
for relief from failing to satisfy the examiners in
| Wentworth | 11 | 1/11/91 |
respect of one exam. When that application was before the Admissions Board the Bar Council wrote a
letter saying it proposed to oppose her admission
on the grounds that she was not of good fame and
character. The applicant brought proceedings in
the supreme court, moving the supreme court to
admit her.
| HER HONOUR: | Is that the usual course that is taken? |
| MR GARNSEY: | I think that is what Miss Bacon did, as I |
understand it, Your Honour. But it is a
permissible course. The applicant has since passed the relevant exam so that part of the proceedings
is no longer relevant. The Bar Association has appeared and opposed the admission on the grounds
that she is not of good fame and character.
| HER HONOUR: | When are the admission dates? What is the last |
admission date?
| MR GARNSEY: | 18 December, I think, Your Honour, for the |
year.
HER HONOUR: That is the last one for the course?
| MR GARNSEY: | I think there would be one in early February, |
Your Honour. I have not specifically inquired about that but there usually is one. I think I
submitted to Your Honour that we understand the
matter has been listed before Mr Justice Campbell
because His Honour is substantially free at present
of listings between now and the end of the year.
HER HONOUR: | There is no reason why he cannot proceed with the matter, is there? |
| MR GARNSEY: | No, Your Honour. |
| HER HONOUR: | Not even if the matter is pending in this |
Court.
| MR GARNSEY: That is so, Your Honour. If Your Honour |
pleases.
| HER HONOUR: | I must say, Mr Garnsey, I simply cannot see how |
this matter could proceed in time to obviate the
hardship which your client claims. That being the
case, I think the application is futile. But nonethe less there is no reason why the matter should
not proceed with all expedition. What is the situation, Mr Registrar?
THE DEPUTY REGISTRAR: In that regard, if the matter
proceeds in the usual fashion and application books
are prepared as quickly as possible, it will just
| Wentworth | 12 | 1/11/91 |
take its place and be expedited without dislodging
another matter.
| HER HONOUR: | Is there any difficulty about the application |
books?
| MR GARNSEY: | No, Your Honour. |
| MR HULME: | No, Your Honour. | We, for our part, do not |
particularly insist on application books. It is a matter for the Court. I would not imagine there was any more material to be included in the
application books other than Your Honour has before
you at the moment.
| HER HONOUR: | I think I can do no more than recommend to the |
Registrar that all steps be taken, but I do not think anything can be done - I do not think
anything should be done in view of the somewhat
nebulous prospects of the matter being determinedin time to allow for admission, if that be the
outcome, prior to February. But I do think the
parties should take all steps, and there is no
reason, is there, why it should not be in the
December list, is there?
| THE DEPUTY REGISTRAR: | Your Honour, both the November and |
December lists are full at the moment and it would
mean that a case would have to drop out or this
case would have to be added in to either of those
lists, that is why I mentioned earlier the
application books or any sort of material for
dissemination to the Court. The next available date, without actually having to dislodge a case,
is the 14 February sitting next year.
| MR GARNSEY: | If Your Honour pleases, we shall take all |
necessary steps to get all documents filed with the
Court as soon as possible.
| MR HULME: | Your Honour, the only reservation perhaps I have |
about that is whether it is going to be an utter waste of costs.
HER HONOUR: | That is not anything that is going to worry your client, is it? | |
MR HULME: | Your Honour, we have had 12 applications,I think, in this matter already and the costs are mounting | |
| and they will no doubt exceed anything anyone had | ||
| ||
| applications are matters which we would suggest | ||
| should be avoided. |
| HER HONOUR: | What does that mean? | I mean, I do not follow |
that at all.
| Wentworth | 13 | 1/11/91 |
| MR HULME: | If money is to be spent - if Ms Wentworth cares |
to spend it, that is a matter for her, but if we
are required to spend money which is just going to
be wasted, in this Court, because the matter will
come on before the supreme court this year and so
this application is otiose, then that would seem
unfortunate.
| HER HONOUR: | The matter will have been otiose if special |
leave is refused, I suppose. But if it is granted,
it will not be, will it?
| MR HULME: | If, by that time, the supreme court has |
determined the application - - -
| HER HONOUR: | Has determined to admit Ms Wentworth, well I |
dare say if the supreme court has determined to
admit Ms Wentworth, she will not proceed with anapplication that might result in a different
consequence.
| MR HULME: | Or to reject Ms Wentworth - - - |
| HER HONOUR: | I would assume if it decided that, then she |
would be more determined to pursue this course.
That is only natural.
| MR HULME: | She not only has to get over this matter, |
Your Honour, she also has to get over the question
of the Bar Council.
| HER HONOUR: | That may be, but it is not at all obvious that |
it an otiose claim, is it?
| MR HULME: | If the matter is to proceed in the supreme court |
this year, then we suspect that the costs in this
Court which are incurred between now and February
will be wasted. Now, minds may differ, perhaps, but that would seem to us, because if there is an
application - - -
| HER HONOUR: | Whose costs are they at this stage? | Do you |
have to prepare the application books, Mr Hulme?
Does your client have to prepare application books?
| MR HULME: | The answer to that is no, Your Honour. | As I |
said, I think, at the outset, if there are costs
which we are involved in - and I would rather doubt
that that was the situation, though I must confess
I do not know to what extent we are required to
join in the preparation of application books if at
all, I know we are in the case of appeal books at
times - - -
| THE DEPUTY REGISTRAR: | No, that cost is borne alone by the |
applicant.
| Wentworth | 14 | 1/11/91 |
| MR HULME: | Then perhaps I will say nothing further. |
| HER HONOUR: | Thank you. | I think I can do no more, |
Mr Garnsey, than direct the parties to co-operate
in all respects in the preparation of application
books so that the matter is dealt with as
expeditiously as the parties can ensure and if any matter should drop out of the November or December
lists - in Sydney, I think I have to say - that
this matter, if the application books have then
been prepared, should take it place. But I would
not be prepared to dislodge anything that is
already in the list. Otherwise, it would take itsturn in February, would it?
| THE DEPUTY REGISTRAR: | Approximately in February, yes. |
| HER HONOUR: | There is no reason at this stage why it should |
not?
| THE DEPUTY REGISTRAR: | No, there is no reason why it should |
not.
HER HONOUR: Costs, costs of the application, that would
seem reasonable?
| MR GARNSEY: | I would submit that, if Your Honour pleases. |
| MR HULME: | I do not dissent from that, Your Honour. |
| MR GARNSEY: | I take it the Attorney-General has not got |
anything else to say on this matter?
| MR COWAN: | No, Your Honour. |
| HER HONOUR: | I can just urge the parties to get the books in |
as early as possible and if a position does become
available, this case will take its place, but
otherwise presumably February.
MR GARNSEY: If Your Honour pleases.
| AT 2.45 PM THE MATTER WAS ADJOURNED SINE DIE |
| Wentworth | 15 | 1/11/91 |
Key Legal Topics
Areas of Law
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Administrative Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Jurisdiction
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Procedural Fairness
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Standing
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Stay of Proceedings
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