Attorney-General for the State of WA & Anor v Marquet P114/2002 [2002] HCATrans 620 (9 December 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Perth No P114 of 2002

B e t w e e n -

ATTORNEY-GENERAL FOR THE STATE OF WESTERN AUSTRALIA

First Applicant

STATE OF WESTERN AUSTRALIA

Second Applicant

and

LAURENCE BERNHARD MARQUET (CLERK OF THE PARLIAMENTS OF WESTERN AUSTRALIA)

Respondent

Office of the Registry

Perth No P115 of 2002

B e t w e e n -

ATTORNEY-GENERAL FOR THE STATE OF WESTERN AUSTRALIA

First Applicant

STATE OF WESTERN AUSTRALIA

Second Applicant

and

LAURENCE BERNHARD MARQUET (CLERK OF THE PARLIAMENTS OF WESTERN AUSTRALIA)

Respondent

Applications for expedition

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 9 DECEMBER 2002, AT 9.32 AM

Copyright in the High Court of Australia

__________________

MR D.F. JACKSON, QC: If your Honour pleases, I appear with my learned friend, MR R.M. MITCHELL, for the applicant in each matter. (instructed by Crown Solicitor for the State of Western Australia)

HER HONOUR: Will any of these matters ever be opposed?

MR JACKSON: Yes, your Honour, and the matters will be opposed by the six amici. I was going to take your Honour to a letter which they have sent to the Court. May I tender a copy of it to your Honour.

HER HONOUR: Yes, thank you.

MR JACKSON: Your Honour, the position is this. Your Honour should have the following material: the summons of 21 November 2002 - I am speaking in each matter - an affidavit of Ms Auld affirmed 20 November 2002, the application for special leave and the supporting papers, and our summary of argument filed in the Court on 2 December.

HER HONOUR: Yes. So the matter could be got ready very quickly?

MR JACKSON: Yes, your Honour.

HER HONOUR: Yes. Do I understand that the applicant would consent to the condition that is sought in the letter?

MR JACKSON: The answer is no, your Honour. May I indicate why. Your Honour will see from the Full Court's reason at paragraph 6, the six amici are not entirely impoverished or uninterested people. Three are political parties, two are incorporated rural bodies and the final person, Mr Brandenberg, represents a group of persons who have named themselves the South Coast Regional Council. Our submission would be in relation to the question of costs, first, that they should be in a position to bear their own costs but, secondly, if special leave be granted, the question of costs really should be one for the Court that determines that application.

HER HONOUR: Yes, I see. The proceedings were brought by the Clerk of the Parliament?

MR JACKSON: Yes. The reason for that, your Honour, is this, that section 13 of the Electoral Distribution Act, which is No 1 in your Honour's bundle of documents, says that:

It shall not be lawful to present to the Governor for Her Majesty's assent any Bill to amend this Act -

et cetera, and he is the person who would take the next step, in effect, in relation to the Bill.

HER HONOUR: I see, yes. Was the Clerk represented in that - - -

MR JACKSON: Yes, the Clerk was represented by senior and junior counsel at the hearing before the Full Court of the Supreme Court. The Clerk, I think your Honour will have seen, has filed a submitting appearance and does not personally propose to argue the matter one way or the other in this Court, but the amici do propose to argue the point.

HER HONOUR: Yes, very well. I have read the affidavits and we can take them as read, Mr Jackson, and I would propose to grant expedition. It is obviously a matter that has to be dealt with and with some haste. That having been said, however, the lists are full until 11 April.

MR JACKSON: Your Honour, it is a matter for the Court. We would like to have the matter determined as soon as possible and I do not know that I can - your Honour knows what is in the list and I really cannot say more than that this is a matter which really, in a sense, lies at the heart of the Court's jurisdiction and it is the type of matter which, in our submission, in relation to which the special leave application - - -

HER HONOUR: But if the special leave application is heard and then assuming expedition, that might still give you time to - - -

MR JACKSON: Yes.

HER HONOUR: Yes. Very well, I will make orders as sought in the summons. I further order that the matter be placed in the special leave list on 11 April 2003 and certify for the attendance of counsel.

MR JACKSON: Yes, thank you, your Honour.

HER HONOUR: There is nothing else, is there?

MR JACKSON: I do not think so, no, your Honour.

HER HONOUR: No. I will order accordingly. Thank you.

AT 9.38 AM THE MATTERS WERE CONCLUDED