Emmett J welcomed participants to the meeting, noted the Attorney-General's announcement earlier in the day of the appointment of 8 new Federal Magistrates (6 in Sydney) and referred to the Federal Court's proposal to introduce provision in the Rules for short form bills in migration matters.
• Adjournments
There was discussion of the difficulties posed by applications for adjournment, particularly by unrepresented applicants, made late, informally and with little evidence and the apparent perception that adjournments will be granted. There was discussion about whether the Rules should provide for the giving of notice in a particular way and that at directions conducted by Registrars it is made clear that adjournments will only be granted for good reason, however there was a consensus view that this is perceived by practitioners to be a problem but that no procedure is likely to improve the situation. Emmett J agreed to report to the Federal Court judges some discontent by the profession at the way in which the applications for adjournment in these cases are dealt with. There was discussion of difficulties which flowed if a legal practitioner is instructed shortly before a hearing or if instructions are withdrawn shortly before the hearing.
3. Appeals from Interlocutory Judgment
It was suggested that on a number of occasions notices of appeal from interlocutory dismissals have been accepted and there was discussion on the difficulties that Registry staff face when presented with such a document in being able to identify whether the dismissal is interlocutory or final was discussed. It was suggested that orders could include a reference to the basis of the dismissal being interlocutory where this is the case. It was agreed that Federal Magistrates would try to ensure an appropriate indication is included in interlocutory dismissal orders. There was discussion about the current Registry procedures and the way in which judicial officers would deal with issues of extension of time and leave and possible delays.
4. Standard Short Minutes
A draft of possible short minutes for use in the Federal Magistrates Court was distributed and discussed. The suggestions included use of "an amended application" instead of "any amended application" in paragraph 3, where paragraphs 3 and 8 were intimidating to applicants, that the intended paragraph 8 might be clearer if worded as "no notice of motion directed to no reasonable course of action is to be filed until ..", whether it might be better to issue the document as a notice to practitioners rather than as short minutes of order and whether it might be preferable to have the document translated into common languages. There was consensus that the short minutes are worth trying for a trial period.
5. Discontinuance
There was discussion about the difficulties for respondents where an applicant discontinues and does not serve a copy of the notice of discontinuance on the Minister's solicitors. To assist it was agreed that the Registry would commence providing copies of notice of discontinuance filed to the Minister's representatives where the applicant is unrepresented.
6. Direct Access Briefs
There was discussion about the progress of amendment to the Rules in regard to "solicitor on the record" and notice of address for service to overcome the difficulties encountered by barristers who accept a direct access brief.
7. Legal Advice Scheme
There was discussion about the possible "double dipping" in participation by some applicants in the RRT Legal Advice Scheme. It was agreed that the Court would have further discussions with the Department of Immigration and Multicultural Affairs about developing appropriate rules for the administration of the scheme to avoid possible abuses.
8. Unrepresented Applicants
Chris Levingston offered to assist the Court and unrepresented applicants in the non-compliance list by providing pro-bono a "duty solicitor" type arrangement. He said that he would write to the Court to set out the precise details. He was thanked for this very generous offer.
9. The next meeting
It was agreed that the next Migration User's Group meeting be held at 4.45 pm on Thursday 5 August 2004.
The meeting closed at 5.45 pm.
Attendees
Attendees from the Federal Court of Australia
Justice Emmett (Chair)
Federal Magistrate Barnes
Federal Magistrate Driver
Federal Magistrate Raphael
John Mathieson (District Registrar)
Jennifer Hedge (Deputy District Registrar)
Tony Tesoriero (Deputy District Registrar)
Stephanie Kavallaris (Deputy District Registrar)
Attendees from profession:
Althea Houlton, Sparke Helmore
Andras Markus ,AGS
Andrea Nesbitt, Sparke Helmore.
Andrew Selim, Clayton Utz
Angela Nanson, AGS
Ben Cramer BDW
Ben Zipser, Barrister, Selborne Chambers
Bernadette Rayment, Sparke Helmore
Christopher Levingston, Levingston Associates
Ejaz Kahn, Ward Maxwell Solicitors
H.J. Halligan, Sir James Martin Chambers
Jennifer Bautista, Sparke Helmore
John Atkin, Martin Place Chambers
Judy Pownall, AGS
Julia Day, Barrister, Wentworth Chambers
Julian Gormly, Selborne Chambers
Justin Smith, Selborne Chambers
Kathleen Crawley, Clayton Utz
Katie Bryant, Sparke Helmore
Mark Campbell, Chalfont Chambers
Michael McCrudden, Sparke Helmore
Michelle Adamson, DIMIA
Nicholas Poynder, Barrister, Frederick Jordan Chambers
