Update on the Appellants application for Special Leave to Appeal to the High Court – 13/10/2017

Following a brief appearance required by the Federal Court, we are able to add some further information which is set out below:-

  • The date, 23 October 2017, is confirmed for the Appellants (Sullivan and Swan) to lodge their application for Special Leave to Appeal to the High Court (the Application).
  • Other matters (principally extension of “stays” being sought) are to be dealt with between 30 October 2017 and 13 November 2017, including Trilogy Fund’s Response (if any) to the Application.
  • The Appellants (Sullivan and Swan) may serve a Reply to Trilogy Fund’s Response no later than 20 November 2017.
  • Determination of the Application by the High Court of Australia then follows:-
    • It can be determined “on the papers” without listing for an oral court hearing, or it can be listed for a hearing.
    • It is not possible to accurately predict the timeframe within which the High Court will determine the Application or whether it will list it for oral hearing however we anticipate that, if the Application is determined “on the papers” it may take approximately 3 to 4 months and, if the Application is listed for oral hearing it may take approximately 5 to 6 months.

We will keep you informed of progress.