Combet & Anor v Commonwealth of Australia & Ors [2005] HCATrans 611 (16 August 2005)

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Combet & Anor v Commonwealth of Australia & Ors [2005] HCATrans 611 (16 August 2005)

Last Updated: 19 August 2005

[2005] HCATrans 611

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S359 of 2005

B e t w e e n -

GREG COMBET

First Plaintiff

NICOLA ROXON MP

Second Plaintiff

and

COMMONWEALTH OF AUSTRALIA

First Defendant

THE HONOURABLE KEVIN ANDREWS MP

Second Defendant

SENATOR THE HONOURABLE NICHOLAS MINCHIN

Third Defendant

For directions

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 16 AUGUST 2005, AT 9.05 AM

(Continued from 15/8/05)

Copyright in the High Court of Australia

__________________

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

MR S.B. LLOYD: Your Honour, I appear with MS K.J. GRAHAM for the defendants. (instructed by Australian Government Solicitor)

HIS HONOUR: Thank you.

MR GAGELER: Can I hand your Honour three documents: an original further amended writ of summons which we seek leave to file and a draft amended defence and a draft special case.

HIS HONOUR: Thank you. You have seen these, no doubt, Mr Lloyd.

MR GAGELER: In relation to the further amended writ of summons, your Honour, at page 11 your Honour will see the only changes they are to the form of relief which is more narrowly focused now.

HIS HONOUR: I see that, thank you.

MR GAGELER: In the proposed defence, the principal changes are at page 3, paragraph 12 where there is a greater specification of our learned friends’ case, somewhat more helpful.

HIS HONOUR: Yes, much more helpful.

MR GAGELER: And in the special case – perhaps I should allow your Honour to read that – it is not quite complete in that the defendants want to add a bunch of newspaper articles and we - - -

HIS HONOUR: That is to paragraph 16, to the documents - - -

MR GAGELER: That is to the end of paragraph 15, yes, but subject to that it is substantially completed.

HIS HONOUR: Thank you, gentlemen. I will just take a moment to read it. While I am reading the draft special case, I should grant leave to file in Court the further amended writ of summons. I think the amended defence needs to be signed by your instructing solicitor.

MR LLOYD: Yes, your Honour, in respect of that we found out this morning our instructing solicitor does not have an authorisation to sign it. We would seek leave to have it filed today and we will get somebody here who is authorised to sign it.

HIS HONOUR: Yes, in the meantime I will hand it back.

MR LLOYD: Thank you.

HIS HONOUR: And the further amended writ of summons and statement of claim can be filed in Court. I can hand the draft back. Perhaps I should do that.

MR GAGELER: We should be in a position, your Honour, to sign and file a complete version today.

HIS HONOUR: Tomorrow probably – today or tomorrow.

MR GAGELER: That is probably more realistic.

HIS HONOUR: Well, there are a lot of documents to be amassed.

MR GAGELER: Yes.

HIS HONOUR: On the footing that the special case will be signed as required by the Rules and filed on or before 17 August, I set down the special case for hearing on Monday, 29 August at 10.15 am at Canberra. It is a one-day matter and you will co-operate as to division of time. The costs of yesterday and costs of today will be reserved.

MR LLOYD: Your Honour, do I need a direction as to leave in relation to our amended defence?

HIS HONOUR: Yes, and I should add to that there is leave granted also to the filing of the amended defence to be dated today. Is there anything else, gentlemen? I will now adjourn.

AT 9.11 AM THE MATTER WAS CONCLUDED