Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Hansard source

I cannot say whether one of the cases identified as being one of the two to be determined by the court is of that person on Christmas Island. I do not have the information to identify that person. It appears likely, on my briefing, that matter 61 of 2010 and another case known as matter 69 of 2010 will be the leading cases that will be heard together. On 25 June the plaintiffs in matter S116 of 2010 and S121 of 2010 will be given the opportunity to say why their cases should also be referred to the full court for determination. Again, however, I am not sure whether either of those cases relates to the person on Christmas Island. He has indicated that his current view—this is at the time of the directions hearing—was that he could not see that these two additional cases would add to the points of legal principle that the full court needs to resolve in order to establish the legal principle applying to the cases that have been filed. Without speaking on behalf of the court, it seems that they are seeking to identify a common factual base that will enable the court to determine legal principle that can be assumed to have broader application. I cannot say, on the basis of information before me, whether any of those cases so identified by the court relates to the person on Christmas Island.

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