STATE LAW OFFICES
fl. 221 QUEEN STREET
72/1698 MELBOURNE. VIC. 3000
28th November, 1973
Messrs. J.N. Zigouras & Co.,
Solicitors,
P.O. Sos 87,
CARLTON SOUTH P.O.. 3053
Dear Sirs,
I refer to previous correspandence concerning the request for the fiat of the
Attorney-General in respect of a proposed relator action in the High Court of Australia to
seek declarations that Commonwealth legislation for grants to the States to assist
non-State schools is invalid.
The AttorneyGeneral has asked me to advise you that, subject to certain matters
of form being put in order, he will grant his fiat subject to conditions normally applied
in such matters. These conditions are
(a) the lodging of the sum of $500 for the purpose of enabling the Attorney-General to
meet any expenses, such as obtaining the advice of Counsel, in connection with the action.
(b) the acceptance by your clients of the following conditions:
(i) that the proceedings are to be at the sole risk and cost of the relators;
(ii) that fair copies of all pleadings and other documents in the action shall be
promptly supplied
to the AttorneyGeneral from time to time;
(iii) that the AttorneyGeneral reserves to himself the right to intervene at any
stage of the proceedings or to discontinue the action or take any other steps he thinks
fit;
(iv) that no settlement shall be arranged unless
its terms are approved by the AttorneyGeneral.
The matters of form to which I have referred are set out in the attached statement.
When these matters have been dealt with, the original of the proposed writ mnd a copy
thereof should be submitted to me, together with the sum of $500 and your advice that your
clients accept the conditions set out above. I will then arrange for the Minister to sign
the certificmte on the original of the proposed writ and return it to you.
Yours faithfully,
RECEIVE
(s. Glenister)
Secretary to the Law Department.