The Court granted the Commonwealth leave to intervene as proper contradictor in proceedings challenging decisions of High Court Deputy Registrars, where those Registrars had filed submitting appearances consistent with the Hardiman principle. The Court held that s 45 of the High Court of Australia Act 1979 (Cth) establishes a relevant connection between the Commonwealth and proceedings relating to the administration of the High Court, and that s 23 of the Supreme Court Act 1970 (NSW) provides power to permit such intervention. The Court rejected the plaintiffs' reliance on Peacock v HREOC as supporting a proposition that the Court could or should force the named defendant decision-makers to act as contradictors rather than permitting Commonwealth intervention, distinguishing Peacock on the basis that the Commonwealth in this case was willing to intervene — the very course the Full Federal Court had criticised the Commonwealth for declining to take in Peacock.
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