Plaintiff S111A/2018 v Minister for Home Affairs (No 2) [2020] FCA 499

FEDERAL COURT OF AUSTRALIA

Plaintiff S111A/2018 v Minister for Home Affairs (No 2) [2020] FCA 499 File number: NSD 584 of 2019

Judge: ROBERTSON J

Date of judgment: 16 April 2020

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for further time to file a proposed further amended statement of claim, and for other orders – effect on the proceedings of the New South Wales Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020

Legislation: Migration Act 1958 (Cth)

Cases cited: Plaintiff S111A/2018 v Minister for Home Affairs [2019] FCA 1271

Date of hearing: 16 April 2020

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 19

Counsel for the Applicants: Mr M Finnane QC

Solicitor for the Applicants: Zali Burrows Lawyers

Counsel for the Respondents: Mr P Herzfeld

Solicitor for the Respondents: Australian Government Solicitor

ORDERS NSD 584 of 2019

BETWEEN: PLAINTIFF S111A/2018 First Applicant

PLAINTIFF S111B/2018 Second Applicant

PLAINTIFF S111C/2018 (and others named in the Schedule) Third Applicant

AND: MINISTER FOR HOME AFFAIRS First Respondent

COMMONWEALTH OF AUSTRALIA Second Respondent

DIRECTOR-GENERAL OF SECURITY Third Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 16 APRIL 2020

THE COURT ORDERS THAT:

1. Order 1 made on 17 March 2020 be varied to the effect that the applicant file and serve a proposed further amended statement of claim by 12 May 2020. 2. By 20 April 2020, the applicants file and serve: (a) any amendment to paragraphs 2 and 3 of their interlocutory application dated 15 April 2020 (the applicants' interlocutory application); and (b) a document identifying in short form the Court's power to make each of the orders there sought. 3. By 30 April 2020, the respondents file and serve any evidence on which they rely in opposition to paragraphs 2 and 3 of the applicants' interlocutory application. 4. By 7 May 2020, the applicants file and serve any evidence in reply to the respondents' evidence filed pursuant to order 3 of these orders. 5. By 14 May 2020 the applicants file and serve written submissions, limited to 5 pages, in support of paragraphs 2 and 3 of their interlocutory application. 6. By 21 May 2020, the respondents file and serve written submissions, limited to 5 pages, in response to the applicants' written submissions filed pursuant to order 5 of these orders. 7. Paragraphs 2 and 3 of the applicants' interlocutory application and the respondents' interlocutory application dated 13 March 2020 be stood over before the docket judge at a time and on a date to be notified by the Registry or by the docket judge. 8. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.