McGUIRK V UNIVERSITY OF NEW SOUTH WALES [2011] NSWCA 179

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McGUIRK V UNIVERSITY OF NEW SOUTH WALES [2011] NSWCA 179 Hearing dates: 27 June 2011 Decision date: 27 June 2011 Before: Giles JA Decision: Dismiss the notice of motion filed on 20 June 2011 so far as it claims the relief sought in paras 1, 2 and 4. Decline to disqualify myself. Replace orders made on 3/2/11 with - (1) Appellant to file and serve by 5 pm on 29/7/11 the red, blue and black appeal books. (2) Appellant to file and serve by 5 pm on 17/8/11 a written outline of submissions. (3) Respondent to file and serve a written outline of submissions by 5 pm on 12/9/11. (4) Appellant to file and serve by 5 pm on 15/9/11 the orange appeal book. Hearing dates of 19 and 20 September remain. Mr McGuirk pay the University's costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: Practice and procedure - case management - directions as proceedings not being case managed - setting aside directions given in other proceedings - disqualification Category: Interlocutory applications Parties: Gerard Michael McGuirk - Applicant University of New South Wales - Respondent Representation: Applicant in person J Tyne - Respondent S Chapple - Attorney General of the State of New South Wales (Potential amicus curiae) Applicant in person Sparke Helmore - Respondent Crown Solicitor - Attorney General of the State of New South Wales File Number(s): CA 2008/290246 Decision under appeal Citation: McGuirk v University of NSW [2009] NSWSC 1058 Date of Decision: 2009-11-06 00:00:00 Before: James J File Number(s): SC 20106/08