Yanner v Attorney-General of the Commonwealth B9/2001 [2001] HCATrans 395 (21 August 2001)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B9 of 2001

B e t w e e n -

MURRANDOO BULANYI MUNGABAYI YANNER

Applicant

and

THE ATTORNEY-GENERAL OF THE COMMONWEALTH

Respondent

Application for special leave to appeal

GAUDRON J

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 21 AUGUST 2001, AT 2.00 PM

Copyright in the High Court of Australia

MR D.F. JACKSON, QC: If the Court pleases, I appear with my learned friend, MR D.A. KELLY, for the applicant. (instructed by National Aboriginal and Torres Strait Islanders Legal Services Secretariat Limited)

GAUDRON J: Now, we may not need to trouble you very much, but it does seem that there might be a problem if, as we are minded to do, special leave were granted because of the absence of a contradictor.

MR JACKSON: Your Honour, the absence of someone to speak, to contradict, if I might say so with respect?

GAUDRON J: Yes. Do you have something to say on that matter?

MR JACKSON: Your Honour, in the past every person who might potentially wish to contradict the matter has been contacted and there has been no response. Your Honour, we would be happy to undertake to the Court to notify the range of persons who might potentially be affected by it and advise them of the fact that special leave had been granted, if that be the course the Court would take.

GAUDRON J: Yes. Now, the Commonwealth, we note from its written submissions, of course, does not wish to appear in opposition to your application and has indicated, of course, that it would be putting argument to the same effect as yours. Perhaps the course that should be taken is that there will be a grant of special leave now but the matter will be listed for a directions hearing on 24 September at which the Commonwealth, one assumes, would appear as, indeed, somebody in your interests. The matter can be taken further at that stage, including the possibility of some subvention to the costs of a person who would speak in opposition to your position.

MR JACKSON: Yes, thank you, your Honour. Your Honours, could I mention one matter which no doubt would be raised at such a hearing, but if I could foreshadow it, and that is that, as the Court would appreciate, this is a matter in which so far as an ultimate hearing is concerned, if I may say so with respect, the sooner the better because the original time for appointment is for a period of three years and the term of office will come to an end in the period November next year to January 2003.

GAUDRON J: Yes. In that case, the appropriate course would be to file your notice of appeal forthwith and the scheduling of the hearing can be looked at again at the directions hearing. Very well, there will be a grant of special leave in that matter.

AT 2.04 PM THE MATTER WAS CONCLUDED