Day One, 25 February 2003

Please note: the Fed Court judges who will be hearing the appeal have formed
the preliminary view (based on the parties' written Outlines) that it may be
necessary for notice to be given to the Attorneys-General of the
Commonwealth and the States under s 78B of the Commonwealth Judiciary Act
1903. I will not bore you at this stage with the legal details save to say
that:

1       The s 78B Notice procedure is designed to ensure that where an issue
involves a matter arising under the Australian Constitution or involving its
interpretation the CW and the States are given an opportunity to decide
whether or not to intervene or to have the case removed to the High Court.

2       The Federal Court will raise this important procedural question with
the parties at the commencement of tomorrow's hearing and it will be argued
out and a decision will be announced there and then.

3       In the event that the Federal Court takes the view that because of s
78B it is under a duty not to proceed with the appeal unless and until 78B
Notices have been given, an adjournment seems inevitable.

 

Fredrick Toben v Jeremy Jones N1049/02

 

 

Please be advised that the hearing has been adjourned until a date to be fixed, most probably in May 2003.

 

 So, it'll be back to the scene below

 

 

 

 

And the President of the Australian Civil Liberties Union, John Bennett, will also again attend.