Finlay v The Queen [2008] HCATrans 301 (14 August 2008)

Last Updated: 15 August 2008

[2008] HCATrans 301

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Brisbane No B66 of 2007

B e t w e e n -

RODNEY STANISLAUS FINLAY

Applicant

and

THE QUEEN

Respondent

Summons for reinstatement

KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON THURSDAY, 14 AUGUST 2008, AT 10.14 AM

Copyright in the High Court of Australia

MR S. DI CARLO: Your Honour, I appear for the applicant. (instructed by O’Sullivans Lawfirm)

MR M.J. COPLEY: I appear for the respondent, your Honour. (instructed by Director of Public Prosecutions (Qld))

HER HONOUR: Mr Copley, I understand that there is no objection to the application being reinstated.

MR COPLEY: No, there is not, your Honour.

HER HONOUR: And that the view that the respondent takes is that the delay on the part of the applicant was not something which should be sheeted home to him.

MR COPLEY: No, your Honour.

HER HONOUR: All right. Yes, Mr Di Carlo. You should read your material.

MR DI CARLO: Thank you, your Honour. I read the application for reinstatement filed on 23 July 2008, the affidavit of Christopher Charles Hannay filed on 23 July 2008 and – does your Honour have the outline of argument?

HER HONOUR: Yes, I do, thank you.

MR DI CARLO: Also filed on 8 August 2008.

HER HONOUR: Yes, thank you, I have read the material. The applicant has filed a summary of argument, I think, but it will need amendment. Is that right?

MR DI CARLO: That is correct. I think that is my recollection, your Honour.

HER HONOUR: But it will need amendment?

MR DI CARLO: It probably will need amendment, yes.

HER HONOUR: All right. Could that be done by 18 August, that is Monday? The matter should now, of course, proceed rather more promptly than it has in the past.

MR DI CARLO: I am in an insidious situation. As your Honour knows, I am involved pro bono. The solicitor who is conducting the matter has
recently either resigned or, I think to some extent, acrimoniously left Buchanan’s - - -

HER HONOUR: Yes, I saw that with the notice of change of solicitors.

MR DI CARLO: - - - and has gone to another solicitor. The solicitor who he has gone to got married two days ago and went to the snow for 10 days. It seems to be a comedy of difficulties and I have no instructions. I do not know where they are coming from.

HER HONOUR: We should be careful about a date then because it will have to be complied with. When do you say that the amended summary of argument could be provided?

MR DI CARLO: I do not even know when he is getting back from the snow or when he is going to have an office. Apparently, Mr Hannay - - -

HER HONOUR: I need to timetable this, Mr Di Carlo.

MR DI CARLO: I accept that, your Honour. I mean, I would have thought – if at all possible if your Honour would allow two weeks in the special circumstances of change of solicitors, change of dates, so on and so forth, that would be of great help.

HER HONOUR: All right then, I will make it to the end of August, 28 August.

MR DI CARLO: Thank you, your Honour.

HER HONOUR: Then the response, Mr Copley, should not take that long, I imagine?

MR COPLEY: No, your Honour.

HER HONOUR: Two weeks from that date?

MR COPLEY: Yes, your Honour.

HER HONOUR: Yes, 11 September. The following orders and directions will be made:

1. The application is reinstated.

2. The applicant is to file and serve an amended summary of argument by 4.00 pm on Thursday, 28 August 2008.

3. The respondent is to file and serve a summary of argument by 4.00 pm on Thursday, 11 September 2008.

4. The applicant file and serve a reply, if any, by 4.00 pm on Thursday, 18 September 2008.

5. The applicant file and serve the application books by 4.00 pm on Thursday, 2 October 2008.

I give the orders in those terms.

Thank you, gentlemen.

AT 10.18 AM THE MATTER WAS CONCLUDED