What do you do with a judge whose phone goes off in court? And what if the judge is the Acting Chief Justice of Australia?

Australian IT reported this week that for Michael Kirby, the answer was simple as Bill Gummow fumbled around inside his judicial robe during a High Court special leave hearing in Sydney yesterday.

“I think we should arrest this person,” Justice Kirby said. Justice Gummow was wearing a sheepish grin, after first looking around then realising he was the culprit. Under the watch of 30 members of the gallery, most of whom were laughing, the longest-serving member of the court checked the caller, stopped the ringing and then returned the phone to the jacket under his black robe.

Justice Gummow would have been aware of the sign just outside the lifts on Level 19 of the courts building in Queens Square - “please switch off mobile phones past this point”. And he would know that in Canberra, every visitor has to check in their mobile phone with attendants before they are allowed into a sitting court.

Richard McHugh SC was as surprised as anyone. He had only just started trying to convince the judges that the NSW Court of Appeal should not have ruled against his client, Chinese Media Group, in a defamation case. He returned to his address, but 20 seconds later the phone again went off.

“Officer,” Justice Kirby called out. With a shake of his head and a smile, Justice Gummow again reached inside his robes. “I think I should ask for an extension of time,” said Mr McHugh, in reference to the strict 20-minute time limit for such applications.

Justice Kirby was clearly enjoying himself as Justice Gummow, who has been Acting Chief Justice since Murray Gleeson stopped hearing cases ahead of his retirement on August 29, looked down at his phone. “I think in all fairness you should have an extension of time,” Justice Kirby said. Presumably, Justice Gummow hit the off button, rather than the silent button, because his phone did not ring again.

Alas, The Weekend Australian's queries as to the identity of the caller went unanswered. The extra time didn't help Mr McHugh. He was refused leave to appeal.