Applicant S1586/2003, An application by [2007] HCATrans 1 (8 January 2007)

Last Updated: 10 January 2007

[2007] HCATrans 001

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S19 of 2007

In the matter of –

An application by APPLICANT S1586/2003

Directions

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 8 JANUARY 2007, AT 9.35 AM

Copyright in the High Court of Australia

MR J.W. SHAW: If your Honour pleases, I appear for the applicant. (instructed by The People’s Solicitors Pty Ltd)

HIS HONOUR: Yes, Mr Shaw.

MR SHAW: Your Honour, the application, although couched in the terms of leave or special leave to appeal, in reality and substance seeks a review.

HIS HONOUR: But you do not have an application for special leave yet, Mr Shaw, because you have not paid the filing fee.

MR SHAW: Well, that is true.

HIS HONOUR: Unless we get over that point, I have no authority to deal with the matter. So what is the position about the filing fee?

MR SHAW: The position about the filing fee, your Honour, is that I gather that the documents indicate and the Rules of the Court, or the Practice Directions of the Court, indicate that two-thirds of the filing fee could be waived.

HIS HONOUR: Yes, but not the balance.

MR SHAW: No, the balance was - - -

HIS HONOUR: The balance is mandated as not being waived as a result of amendments made to the High Court of Australia (Fees) Amendment Regulations 2005 (No 1) have that effect. So what do you want to do?

MR SHAW: Your Honour, I have raised this conscientiously with my client and he instructs me that he can come up with this $425 this morning. I mean, I do not want your Honour to think that the lawyers, that is me - - -

HIS HONOUR: No, I understand.

MR SHAW: - - - are being paid money for this and of taking the $425 – we are not – but we are just asking the client to come up - - -

HIS HONOUR: We have both seen a lot of things happen, Mr Shaw, in litigation.

MR SHAW: So I think I am in a position to give an undertaking to the Court – correct me if I am wrong, but the residue of that filing fee can be paid this morning – yes, I give that undertaking.

HIS HONOUR: Well, that is all that needed to be done, is it not?

MR SHAW: I think so.

HIS HONOUR: If you file your special leave application, what would you then seek?

MR SHAW: Remittance to the Tribunal.

HIS HONOUR: But the special leave application is special leave to appeal from Justice Dowsett, is it not?

MR SHAW: Yes. Well, perhaps it should be remitted to the Federal Court. Perhaps I might be corrected on that.

HIS HONOUR: I think you should cross that bridge when you come to it.

MR SHAW: Yes, your Honour.

HIS HONOUR: All I need to note this morning, I think, is that the filing fee will be paid this morning and then we will have a matter and then we can - - -

MR SHAW: I am content with that, your Honour. There is just one thing that the Registrar quite rightly asked that a formal order be provided from Justice Dowsett.

HIS HONOUR: Yes, that is right. Have you got the sealed order yet from - - -

MR SHAW: Yes, we have photocopies of the sealed order.

HIS HONOUR: All right. Well, that could be provided - - -

MR SHAW: It is dated 5 January 2007, so we did not have it when we tried to file it last week.

HIS HONOUR: No, I understand that. That can be provided when the leave documents are filed.

MR SHAW: Yes.

HIS HONOUR: All right. I do not think I need do anything else this morning.

MR SHAW: Very well, your Honour.

HIS HONOUR: Yes, very well.

AT 9.38 AM THE MATTER WAS CONCLUDED