Lane v Morrison [2009] HCA 5

HIGH COURT OF AUSTRALIA

FRENCH CJ

BRIAN GEORGE LANE PLAINTIFF

AND

COLONEL PETER JOHN MORRISON

& ANOR DEFENDANTS

Lane v Morrison

[2009] HCA 5

16 January 2009

C3/2008

ORDER

1. The name of the first defendant be amended to "Colonel Peter John Morrison, a Military Judge of the Australian Military Court".

2. The Plaintiff have leave to file a Further Amended Application for an Order to Show Cause in the form notified to the registry on 9 January 2009.

3. The Further Amended Application for an Order to Show Cause, insofar as it seeks relief on Grounds 4, 5 and 7, be dismissed.

4. The Further Amended Application for an Order to Show Cause, insofar as it seeks relief on Grounds 1, 2, 3 and 6, be referred for further hearing by a Full Court.

5. The plaintiff file and serve a revised s 78B notice by not later than 4pm on 23 January 2009, and file an affidavit of service by not later than 4pm on 2 February 2009.

6. The second defendant prepare and file an Application to Show Cause book, in accordance with the index as settled by the Registry, by not later than 4pm on 10 March 2009 (being within 10 working days of the plaintiff filing the affidavit of service of the s 78B notice).

7. The standard timetable for filing submissions set out in High Court Practice Direction No 1 of 2000 be varied as follows:

7.1 The plaintiff shall file and serve its written submissions on or before 6 February 2009.

7.2 The second defendant shall file and serve its written submissions at least 15 clear working days before the hearing of the Further Amended Application by the Full Court.

7.3 Any intervener shall file and serve its written submissions at least 10 clear working days before the hearing of the Further Amended Application by the Full Court.

7.4 The plaintiff may file and serve written submissions in reply at least five working days before the hearing of the Further Amended Application by the Full Court.