APLA Ltd & Ors v Legal Services Commissioner of NSW & Anor [2004] HCATrans 324 (26 August 2004)

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APLA Ltd & Ors v Legal Services Commissioner of NSW & Anor [2004] HCATrans 324 (26 August 2004)

Last Updated: 31 August 2004

[2004] HCATrans 324

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S202 of 2004

B e t w e e n -

APLA LIMITED

First Plaintiff

MAURICE BLACKBURN CASHMAN PTY LTD

Second Plaintiff

ROBERT LESLIE WHYBURN

Third Plaintiff

and

LEGAL SERVICES COMMISSIONER OF NEW SOUTH WALES

First Defendant

STATE OF NEW SOUTH WALES

Second Defendant

Summons for directions

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 26 AUGUST 2004, AT 9.35 AM

(Continued from 20/8/04)

Copyright in the High Court of Australia

__________________

MR S.J. GAGELER, SC: If the Court pleases, I appear with MR J.K. KIRK for the plaintiffs. (instructed by Maurice Blackburn Cashman)

MR M.G. SEXTON, SC, Solicitor-eneral for the State of New South Wales: If the Court pleases, I appear with MR M.J. LEEMING for the second defendant. (instructed by Crown Solicitor for New South Wales)

MR J. BASTEN, QC: I appear for the Combined Community Legal Centres intervening, your Honour. (instructed by Public Interest Advocacy Centre)

HIS HONOUR: Well, hoping to intervene.

MR BASTEN: Seeking leave.

HIS HONOUR: Yes, Mr Basten. Yes, Mr Gageler. I have seen these useful submissions.

MR GAGELER: There has been some discussion at the Bar table about the timetable, your Honour. If it is convenient, I could mention the outcome of that.

HIS HONOUR: Yes.

MR GAGELER: The defendant would wish to move each of the days that we have set in paragraph 4 of the written submissions forward by two days.

HIS HONOUR: I would prefer to move them ahead by a week.

MR GAGELER: We will accommodate that.

HIS HONOUR: What I was going to suggest was the plaintiffs’ written submissions on or before 10 September, the defendants’ on or before the 17^th – I will come back to replies in a minute. Any applications for intervention, with proposed submissions and the submissions of interveners as of right, on or before the 24^th. I think it is important to get them in.

MR GAGELER: Yes.

HIS HONOUR: Reply by the plaintiffs to the defendants and submissions by either party in response to the interveners on or before 30 September, which is a Thursday, so that we have the benefit of them over the weekend. The plaintiffs’ submissions in-chief and the defendants’ submissions be no more than 30 pages. Does that seem acceptable?

MR GAGELER: Can I make a plea, your Honour, for our submissions to go in on Monday the 13^th rather than Friday the 10^th? Apart from that, I will not quibble.

HIS HONOUR: Well, there does not seem to me to be any dissent. On or before the 13^th, rather than the 10^th. Are you still happy with the 17^th, Mr Solicitor?

MR SEXTON: Yes, your Honour.

HIS HONOUR: All right.

MR GAGELER: Your Honour, as to the form of the special case, it is substantially agreed. I think we both wanted to have a closer look at the document.

HIS HONOUR: Yes. If it is submitted in the Registry, I can sign it in Canberra next week.

MR GAGELER: Yes. There is a question, I think, as to whether your Honour needs to do that - - -

HIS HONOUR: Yes, there is.

MR GAGELER: - - - but we are happy for that to occur.

HIS HONOUR: But it is a comfort, I suppose.

MR GAGELER: It is a comfort to us, your Honour.

HIS HONOUR: Yes. All right, I will go through that again. The plaintiffs’ written submissions on or before 13 September, the defendants’ on or before 17 September, any applications for intervention with proposed written submissions, and submissions of interveners as of right, on or before 24 September. Reply by the plaintiffs to the defendants and replies by either party in response to the interveners on or before 30 September. Plaintiffs’ in-chief and the defendants’ submissions be no more than 30 pages. I certify for counsel of the appearances today and on the previous occasions, and costs to be costs in the action. Is there anything else?

MR GAGELER: No, your Honour.

HIS HONOUR: Thank you, gentlemen. I will now adjourn.

AT 9.39 AM THE MATTER WAS CONCLUDED