Fardon v Attorney-General for State of Queensland [2003] HCATrans 488 (20 November 2003)

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Fardon v Attorney-General for State of Queensland [2003] HCATrans 488 (20 November 2003)

Last Updated: 25 November 2003

[2003] HCATrans 488

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Brisbane No B81 of 2003

B e t w e e n -

ROBERT JOHN FARDON

Applicant

and

RODNEY JON WELFORD, ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND

Respondent

Application for expedition

CALLINAN J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON THURSDAY, 20 NOVEMBER 2003, AT 11.18 AM

Copyright in the High Court of Australia

MR A.D. DEBATTISTA: May it please the Court, I appear on behalf of the applicant. (instructed by Prisoners’ Legal Service Inc)

MR R.W. CAMPBELL: Your Honour, I appear on behalf of the Attorney-General. (instructed by Crown Solicitor for the State of Queensland)

HIS HONOUR: This is an application for expedition, Mr Debattista, is it?

MR DEBATTISTA: That is so, your Honour, yes.

HIS HONOUR: Of the special leave application?

MR DEBATTISTA: Yes, that is so.

HIS HONOUR: And you think it is an urgent matter too, Mr Campbell, do you?

MR CAMPBELL: Your Honour, the urgency of the matter is conceded. It is an important constitutional point and, of course, the liberty of a citizen is at stake. Yes, that point is conceded. The Attorney does not oppose the application.

HIS HONOUR: Thank you. Mr Debattista, fortunately a vacancy in the list has become available on 12 December, which is the next and the last special leave sitting for the year. So I am prepared to expedite the matter to 12 December next.

MR DEBATTISTA: Thank you, your Honour.

HIS HONOUR: That will be a video link, but of course you can attend personally, if you wish to.

MR DEBATTISTA: Yes. Your Honour, that will be much appreciated.

HIS HONOUR: All right. I order that the matter be expedited to 12 December next to be heard during the course of the special leave list on that day. Is there anything further?

MR DEBATTISTA: No, your Honour.

MR CAMPBELL: No, your Honour.

HIS HONOUR: Gentlemen, it may not be that it is a video link – I am not certain – but I understand you both were going to attend personally anyway. Am I wrong about that?

MR CAMPBELL: Your Honour, I had discussions with the Registry last week and at that stage it was indicated that Sydney was possibly available on the 12th and that personal appearance would be required.

HIS HONOUR: Right. Well, you understand - - -

MR CAMPBELL: I have already arranged with Mr Hanson to appear. He is available on that date and if 5 December had been the material date, the Solicitor-General would have appeared of course, but we are available on the 12th.

HIS HONOUR: All right. It may require personal attendance. I thought there could be a video link, but I am not certain that that is right. Were you going to go down, Mr Debattista?

MR DEBATTISTA: On our part, your Honour, I understand that Mr Southwood would be available to appear on the 12th.

HIS HONOUR: All right. There is nothing further then, is there? Yes, thank you.

AT 11.20 AM THE MATTER WAS CONCLUDED