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High Court of Australia Transcripts |
Last Updated: 18 February 2016
IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Melbourne No M247 of 2015
B e t w e e n -
ANTHONY JOHN MURPHY
Plaintiff
and
ELECTORAL COMMISSIONER
First Defendant
COMMONWEALTH OF AUSTRALIA
Second Defendant
Directions
NETTLE J
TRANSCRIPT OF PROCEEDINGS
FROM MELBOURNE BY VIDEO LINK TO SYDNEY
ON TUESDAY, 16 FEBRUARY 2016, AT 2.30 PM
Copyright in the High Court of Australia
MR R. MERKEL, QC: If your Honour pleases, I appear with my learned friend, MR C.J. TRAN, for the plaintiff. (instructed by Mallesons Stephen Jaques)
MR L.T. BROWN: If your Honour pleases, I appear for the first defendant. (instructed by Australian Government Solicitor)
MR N.J. OWENS: If your Honour pleases, I appear for the Commonwealth. (instructed by Australian Government Solicitor)
HIS HONOUR: Yes, Mr Merkel.
MR MERKEL: Your Honour, I think we have sent some proposed consent orders up. Can I just hand up to your Honour the signed copy of the orders?
HIS HONOUR: Yes, thank you. Mr Merkel, how soon are you hoping to get this on for hearing?
MR MERKEL: Your Honour, I think the parties would say as soon as practicable. The timeframe, of course, is geared very much to having an orderly hearing and determination prior to the issue of writs for the next election and - - -
HIS HONOUR: As I read, it could be as early as May, although that is unlikely.
MR MERKEL: Yes. Your Honour, that is the problem, we are all conscious of what happened in Rowe where the case actually had to come on and was brought on for hearing and determination during the election itself. So the parties have geared themselves, your Honour, to a program that hopefully would be able to get a special case agreed upon prior to the further directions hearing.
HIS HONOUR: Yes.
MR MERKEL: If there are any outstanding issues, we would be able to identify them for your Honour. As your Honour can appreciate, the relevant facts are really not matters that would be in dispute. There is some issue about some reports taking particular views, but the basic facts within the Electoral Commission and, so far as is relevant, in New South Wales, Queensland and Victoria which do permit either same day enrolment on the date of election or in Queensland up to the day before, again, the facts in the public domain and the statistics of how that has worked will all be relevant and again are not facts that we would see to be in dispute.
So we remain confident, but cautiously confident, that we will be able to agree on a special case by that date. We have done a lot of work, as you can appreciate, in getting as much material as we can that is in the public domain and we are liaising with the Electoral Commission on information that is not in the public domain but should be able to be made available for the special case.
HIS HONOUR: It is not relevant, but I am reminded of another Murphy Case in which we were both involved some time back, Mr Merkel.
MR MERKEL: Yes, your Honour.
HIS HONOUR: Mr Brown, are you content with that?
MR BROWN: Yes, we are, your Honour.
HIS HONOUR: Mr Owens?
MR OWENS: Yes, your Honour.
HIS HONOUR: In that case, gentlemen, I will make orders in terms of the consent minutes of orders which have been signed by counsel for the parties and submitted to me today, dated 16 February 2016. I am not sure about the time or the day in the week beginning 14 March. Is there any preference for a day then, gentlemen? That is order number 5.
MR MERKEL: I think whatever is convenient to your Honour or the parties.
HIS HONOUR: Well, I will make it Tuesday, 15 March at 9.30 am.
MR MERKEL: Thank you, your Honour.
HIS HONOUR: The order will be amended accordingly to reflect that. Nothing further? Thank you, I will adjourn now.
AT 2.33 PM THE MATTER WAS ADJOURNED
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URL: http://www.austlii.edu.au/au/cases/cth/HCATrans/2016/37.html