Matthews v Minister for Home Affairs & Anor [2021] HCATrans 133 (17 August 2021)

Last Updated: 20 August 2021

[2021] HCATrans 133

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M97 of 2020

B e t w e e n -

GARRETT TEHIRI TANGA MATTHEWS

Applicant

and

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 17 AUGUST 2021, AT 9.30 AM

Copyright in the High Court of Australia

HER HONOUR: On 15 July 2021, the applicant’s solicitor filed an application seeking leave to withdraw as solicitor on file.

Having regard to the affidavit material before the Court, including the correspondence exhibited, I am satisfied that the applicant’s solicitor has complied with the requirement under r 6.02.5(c) of the High Court Rules 2004 (Cth) to give notice in writing to the applicant of her intention to apply for leave to withdraw prior to making the application to this Court, and that in all the circumstances it is appropriate for leave to be granted.

Under r 6.02.5(c), withdrawal will be complete upon the applicant’s solicitor serving a copy of the order granting leave to withdraw on every other party to this proceeding.

For the reasons that I now publish, pursuant to r 13.03.1 of the High Court Rules, I direct that the application filed on 15 July 2021 be determined without listing it for hearing and direct the Registrar to draw up, sign and seal an order in the terms of the order I am about to pronounce. I publish those reasons.

In matter M97/2020, the orders of the Court are:

1. Pursuant to r 6.02.5(c) of the High Court Rules 2004 (Cth), the applicant’s solicitor is granted leave to withdraw as solicitor for the applicant.

2. The applicant’s solicitor is to serve a copy of this order on the applicant and every other party.

3. The applicant’s solicitor is to give notice in writing to the Court and to every other party of the applicant’s last known address for service.

4. The application filed on 15 July 2021 is otherwise dismissed.

I publish those orders and I direct that the reasons as published be incorporated into the transcript.

On 15 July 2021, the applicant’s solicitor filed an application seeking leave to withdraw as solicitor. Having regard to the affidavit material before the Court, including the correspondence exhibited, I am satisfied that the applicant’s solicitor has complied with the requirement under r 6.02.5(c) of the High Court Rules 2004 (Cth) to give notice in writing to the applicant of her intention to apply for leave to withdraw, prior to making the application to this Court, and that in all of the circumstances it is appropriate for leave to be granted.

Under r 6.02.5(c), withdrawal will be complete upon the applicant’s solicitor serving a copy of the order granting leave to withdraw on every other party to this proceeding.

Accordingly, pursuant to r 13.03.1 of the High Court Rules 2004 (Cth), I direct that the application filed on 15 July 2021 be determined without listing it for hearing and direct the Registrar to draw up, sign and seal an order:

(1) granting the applicant’s solicitor leave to withdraw as solicitor for the applicant pursuant to r 6.02.5(c) of the High Court Rules 2004 (Cth);

(2) ordering the applicant’s solicitor to serve a copy of that order on the applicant and on every other party, in accordance with r 6.02.5(c) of the High Court Rules 2004 (Cth);

(3) ordering the applicant’s solicitor to give notice in writing to the Court and to every other party of the applicant’s last known address for service; and

(4) otherwise dismissing the application filed on 15 July 2021.

AT 9.32 AM THE MATTER WAS CONCLUDED