Manus Island Class Action Trial To Be Live Streamed In Australian First
Thursday 27 April 2017 @ 10.01 a.m. | Legal Research | Immigration
A class action run by Slater and Gordon on behalf of detainees in the Manus Island detention centre will be available to be viewed via a live stream, in what is believed to be an Australian first. The class action trial, which is being held in the Supreme Court of Victoria, is scheduled to begin on 15 May 2017. The class action is being run against the Commonwealth of Australia and two of its sub-contractors, G4S and Broadspectrum. It involves two sets of claims, the first on the grounds of negligence around psychological and physical injury, and the second on the grounds of false imprisonment.
The case is expected to take at least six months.
Live Stream
Slater and Gordon practice group leader Rory Walsh told Lawyers Weekly:
“As far as we’re aware, this is the first time Australian court proceedings will be streamed overseas. This case will be the largest and most forensic public examination of the events and conditions at the Manus Island detention centre, which have been shrouded in secrecy until now.
Live streaming the trial online means these group members and the general public will be able to view the proceedings that will affect and may finally determine the rights of these detainees.”
The Supreme Court of Victoria rejected the Commonwealth’s argument that the stream should be restricted to group members, citing a high degree of public interest in the case.
Additional Allegations
The class action was originally being held on behalf of persons detained on Manus Island between 21 November 2012 and 19 December 2014, but this has now been extended to persons held at the centre up until 12 May 2016. This extension applies only to the false imprisonment part of the class action claims. According to SBS News, Slater and Gordon has said the class action includes up to 1905 members, which “covers the majority of people detained on Manus Island since 2012”.
Witnesses
SBS News also reported that Slater and Gordon would like the Australian government to bring 41 detainees from Manus Island to Melbourne to testify. The parties have already agreed that eight people currently in detention in Australia will give evidence in court. The detainees’ barrister David Curtain QC told SBS News that alternately, the Victorian Supreme Court will be asked to hold hearings on Manus Island. There are also additional uncertainties with regards to the proposed Australian-American refugee resettlement deal, with Justice McDonald noting that:
“Presumably a proportion at least of those 41 will be interviewed by representatives of the United States government with a view to possible relocation to the United States.”
His Honour said that it was up to the plaintiffs to decide if they should lodge an application for the court to convene on Manus Island, but that it could depend on available facilities, accommodation, and the likely costs to be involved.
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