Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

I do not have a brief in front of me today, but I do recall reading a brief earlier in the week about it, anticipating that when it was in the news a question might have been asked, rather than quite a few days after the event. But allow me to try to recall the brief. Somebody has made a challenge to the High Court. I understand that the Chief Justice, on receiving it, asked the Full Court, or more members—a fully constituted High Court—to consider the claim. That claim will be, for want of a better term, stalled until such time as the High Court makes its determination. The other 62 cases—I think it is 62, from recollection, and I think that was the figure Senator Bishop referred to as well—will continue on the basis that, unless the High Court is challenged by the individual people, it will be business as usual.

If I am wrong as to my recollection of the brief in that regard, I will come back to the chamber, or possibly to Senator Bishop as quickly as possible, but that is my recollection of it. There will not be a freeze in relation to the other cases. Those cases will keep on, as planned, and those who are seeking justice under the current regime will be able to progress through that. However, if they want to avail themselves of their right to challenge the procedural system then that is their entitlement. We live in a country where we have the rule of law, and people are entitled to make these challenges—albeit that that does stall the inquiry in relation to those particular matters wherein people seek to avail themselves of those avenues of appeal.