Browse Federal Court Judgments

Published in the last week

In order of publication date with most recent additions at the top.


Taxation
Virgin Australia Airlines Pty Ltd v Commissioner of Taxation [2021] FCA 523
TAXATION - objections to car parking fringe benefits tax assessments disallowed - appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) - car parking provided to flight crew and cabin crew at three airports - whether flight crew and cabin crew have a "primary place of employment" - if yes, where is that primary place of employment - task of statutory construction - legislative history of "carve out" of fringe benefits tax exemption for car parking considered - meaning of "business premises" - whether home base terminal or aircraft is primary place of employment - qualitative and quantitative assessment of which place of employment is first or highest in rank or importance
GRIFFITHS J - 18 May 2021


Corporations Law
86 400 Holdings Ltd, in the matter of 86 400 Holdings Ltd (No 2) [2021] FCA 524
CORPORATIONS - members' scheme of arrangement - second court hearing - approval of scheme - approval granted
ANDERSON J - 11 May 2021


Migration
EAI16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 506
MIGRATION -- appeal -- application for judicial review of decision of Immigration Assessment Authority to affirm decision of Minister's delegate to refuse to grant appellant a Safe Haven Enterprise Visa -- whether primary judge erred by finding Authority did not fail to comply with s 473DE of the Migration Act 1958 (Cth) -- whether statement made by appellant in support of invalid protection visa application to which Authority referred but which was not mentioned by delegate was "new information" -- whether statement was "before" delegate when decision made -- if so, whether Authority erred by failing to give statement to appellant -- whether primary judge erred by finding Authority not required to consider alleged claim arising from something said by appellant to delegate in interview -- whether alleged claim was a substantial, clearly articulated one
KATZMANN J - 14 May 2021


Contempt of Court
Ferguson v Dallow (No 4) [2021] FCA 513
CONTEMPT OF COURT - whether respondent guilty of two further charges of contempt of court - whether publication of online video constituted intentional disobedience of permanent injunction issued in defamation proceeding - whether by publishing video respondent guilty of scandalising court and lowering its authority - where video contains assertion court is not independent of executive and parliamentary branches of government and acts to protect politicians and cover up allegations of misconduct
O'CALLAGHAN J - 17 May 2021


Corporations Law
Ball (Liquidator), in the matter of ACN 141 037 229 Pty Ltd (in Liquidation) (formerly known as "Think Money Wealth Through Property Pty Ltd") [2021] FCA 521
CORPORATIONS - consideration of an application under s 588FF(3) for an extension of the period within which an application may be made by the liquidator under s 588FF(1) of the Corporations Act 2001 (Cth) in relation to the matters contemplated by s 588FE of that Act
GREENWOOD J - 17 MAY 2021


Corporations Law
Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) [2021] FCA 520
CORPORATIONS - administrators - where group of companies - where issues raised as to validity of resolution to appoint administrators to two companies in the group - where appointment to five other subsidiary companies not challenged - where administrators sought relief under s 447A of the Corporations Act 2001 (Cth) with respect to their appointment to the subsidiaries - matters relevant to discretion - subsidiaries insolvent - orders made
BANKS-SMITH J - 14 MAY 2021


Bankruptcy
Donovan v Brown [2021] FCA 494
BANKRUPTCY AND INSOLVENCY - creditors' petition for sequestration order of debtor's estate - debtor claimed to have sufficient assets to satisfy debt - no evidence that assets available or readily realisable - irregularities in petition and service found to be formal defects only - sequestration order made
JACKSON J - 10 MAY 2021


Defamation
V'landys v Australian Broadcasting Corporation (No 3) [2021] FCA 500
DEFAMATION - where ABC broadcast a special investigation into the horse racing industry in Australia (the report) - where the report included footage of the mistreatment and slaughter of former thoroughbred racehorses - where the report included an interview with regulator, Chief Executive Officer and member of the Board of Racing NSW, Peter V'landys - where the report was made available for viewing on the ABC website and in the form of a transcript - defamation proceedings against broadcaster alleging numerous defamatory imputations had been conveyed by the report - consideration of relevant principles to be applied in determining whether the report conveyed defamatory imputations - whether the report would have conveyed the alleged imputations to an ordinary reasonable person - where none of the pleaded imputations, or any imputations not differing in substance from them, were found to have been conveyed by the report - application dismissed DEFAMATION - where applicant sought general, aggravated and special damages for non-economic loss - where aggravated damages sought on the basis of alleged malice on the part of the respondents - relevant principles in relation to malice - malice not established
WIGNEY J - 14 May 2021


Practice and Procedure
Hillier v Martin (No 2) [2021] FCA 509
PRACTICE AND PROCEDURE - application for disqualification on grounds of apprehended bias - presiding judge having access to extraneous materials - extraneous materials subject to a claim of legal professional privilege of a non-party - extraneous materials said to be directly relevant to facts to be determined in the proceedings and otherwise affecting the assessment of the credibility of a critical witness - whether a fair-minded observer might reasonably apprehend that the presiding judge might not bring an impartial mind to the determination of the issues - consideration of the knowledge to be attributed to the fair-minded observer in the application of the test for apprehended bias - relevance of delay in bringing the disqualification application - whether facts relied upon in support of the application were known to the respondent - whether the respondent's right to bring the application has been waived by virtue of the delay
CHARLESWORTH J - 12 MAY 2021


Migration
BWI20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 518
MIGRATION - alleged failure of Administrative Appeals Tribunal to consider a clearly articulated argument - appellant's promise not to re-offend - appellant's promise and risk of re-offending not a mandatory relevant consideration - appeal dismissed
JAGOT J - 14 MAY 2021


Administrative Law ; Statutory Interpretation
Newman v Minister for Health and Aged Care [2021] FCA 517
ADMINISTRATIVE LAW - challenge to validity of a determination made by the Health Minister under s 477(1) of the Biosecurity Act 2015 (Cth) - where determination prohibited persons from entering Australian territory on an international flight if they had been in India in the preceding 14 days - whether Minister properly considered the likely effectiveness of the determination in achieving its purpose - whether Minister properly considered if the determination was no more restrictive or intrusive than was required in the circumstances - held not established that Minister was not satisfied of necessary preconditions to making the determination - whether the determination operated extraterritorially - held determination did not operate extraterritorially STATUTORY INTERPRETATION - principle of legality - whether Biosecurity Act 2015 (Cth) abrogated common law right of citizens to re-enter their country of citizenship - held that a determination made under s 477(1) of the Biosecurity Act 2015 (Cth) may prevent a citizen from entering Australia
THAWLEY J - 10 MAY 2021


Evidence
DBCT Management Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd and Geosea Australia Pty Ltd Joint Venture [2021] FCA 512
SUBPOENA - Legal Professional Privilege - where documents prepared following cyclone incident - whether the documents were prepared for the dominant purpose of anticipated litigation - whether Legal Professional Privilege attaches to the documents
ABRAHAM J - 14 May 2021


Taxation
Mussalli v Commissioner of Taxation [2021] FCAFC 71
TAXATION - income tax - deductibility - payments made upon entering into lease and license agreements of franchise restaurants - payments described as prepayments of rent - whether payments were capital in nature or on revenue account - characterisation of advantage sought - where the quantum of the prepayment was calculated without reference to the terms of the lease and license agreements
MCKERRACHER, THAWLEY AND STEWART JJ - 14 May 2021


Migration
Tadese v Minister for Immigration and Border Protection [2021] FCA 514
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia which affirmed a decision of the Administrative Appeals Tribunal to refuse a Class UF Subclass 309 - Partner (Provisional) visa to the appellant's partner - where the appellant and his partner had undertaken DNA testing which produced moderately strong evidence of a half-sibling relationship - where s 88D of the Marriage Act prevents recognition of marriages between half-siblings as valid - where the Tribunal afforded the appellant opportunities to produce further DNA testing to disprove a half-sibling relationship, but where the appellant had declined to do so - whether the Tribunal erred by placing weight on the DNA test results and the reasons for why the appellant did not want to undergo further DNA testing - whether the Tribunal erred in failing to consider a cousin relationship - whether the operation of Part VA of the Marriage Act, in particular s 88G(1), required prima facie recognition of the appellant's marriage as valid, and whether the Tribunal erred in this regard - no such errors - no error by the primary judge - appeal dismissed with costs.
WHEELAHAN J - 11 May 2021


Corporations Law
Australian Securities and Investments Commission v Bettles (No 2) [2021] FCA 516
CORPORATIONS - consideration, on the papers in light of written submissions, of the disposition of the costs reserved by orders made on 28 October 2020
GREENWOOD J - 14 May 2021


Practice and Procedure Industrial Law
Lee v Superior Wood Pty Ltd [2021] FCA 515
PRACTICE AND PROCEDURE - application for judicial review of a decision of the Fair Work Commission - where originating application deficient in failing to provide a telephone number pursuant to r 2.16(1)(d) of the Federal Court Rules 2011 - where applicant refused to provide telephone number to Court although case management direction to do so - application dismissed for want of compliance with a case management direction
LOGAN J - 19 APRIL 2021


Migration
Hunt v Minister for Home Affairs [2021] FCA 507
MIGRATION - judicial review of the Minister's decision to cancel applicant's visa on character grounds pursuant to s 501(2) of the Migration Act 1958 (Cth) - where applicant was convicted of a range of criminal offences, including one of manslaughter - where applicant was a citizen of New Zealand - whether the respondent failed to engage in a genuine consideration of the permanent exclusion of the applicant from Australia that would flow from a cancellation decision - whether the respondent has genuinely considered the human consequences of the permanent exclusion of the applicant by cancellation of his visa, referable to his ties to Australia - where Minister delayed in cancelling the applicant's visa - undisturbed passage of seven years since last offending - consideration of the broader consequences of the elapse of this lengthy period of time.
COLLIER J - 14 May 2021


Migration
DLB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 504
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review - where Immigration Assessment Authority (Authority) affirmed a decision of a delegate of the Minister to refuse a safe haven enterprise visa - whether Authority misunderstood "real chance" test - whether Authority failed to properly consider evidence and submissions relating to appellant's claim - appeal dismissed
MARKOVIC J - 14 May 2021


Criminal Law ; Evidence ; Privilege
Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Ltd [2021] FCA 511
PRIVILEGE - objection to the inspection of subpoenaed material on the basis of legal professional privilege - grant of immunity from civil and criminal action related to disclosed cartel conduct on the condition of full and frank disclosure under the immunity policies of the Australian Competition and Consumer Commission and the Commonwealth Director of Public Prosecutions - whether material brought into existence for the purpose of obtaining legal advice in seeking and obtaining the immunities is privileged. PRIVILEGE - implied waiver - whether the objector waived its privilege by its actions in seeking and obtaining the immunities or by its partial disclosure of the privileged material - objection overruled in relation to the greater part of the subpoenaed documents.
WHITE J - 14 May 2021


Bankruptcy
Frege in his Capacity as Foreign Representative of Greensill Bank AG v Greensill Bank AG (No 2) [2021] FCA 510
BANKRUPTCY AND INSOLVENCY - cross-border insolvency - German insolvency proceeding - application for recognition as a foreign proceeding and foreign main proceeding pursuant to the UNCITRAL Model Law on Cross-Border Insolvency, Schedule 1 to the Cross-Border Insolvency Act 2008 (Cth) - whether to stay actions or proceedings concerning the debtor's assets, rights, obligations and liabilities - whether to entrust insolvency administrator with power to administer, realise and distribute debtor's assets in Australia - whether to permit insolvency administrator to examine witnesses, take evidence and require delivery up of information regarding the debtor as if acting as a liquidator appointed under Part 5.4B of the Corporations Act 2001 (Cth) - relief granted
ANASTASSIOU J - 6 MAY 2021


Bankruptcy
Kitay (Liquidator) v Trenfield (Trustee) [2021] FCA 508
BANKRUPTCY AND INSOLVENCY - application for leave under s 58(3) of the Bankruptcy Act 1966 (Cth) to continue Supreme Court proceedings - provable claims linked with other claims - complex facts and law - leave granted
JACKSON J - 6 MAY 2021


Human Rights ; Evidence
Hastwell v Kott Gunning [2021] FCAFC 70
HUMAN RIGHTS - claim of sexual discrimination and disability discrimination by employer - where applicant claims loss and damage caused by exacerbation of anxiety and depression - where applicant refuses to undergo a psychiatric examination to allow the respondent to adduce expert evidence - where primary judge ordered a permanent stay of proceedings consequent upon the applicant's refusal - whether the order for a permanent stay was a just determination of the proceedings HUMAN RIGHTS - appeal from orders for a permanent stay of proceedings - whether orders are interlocutory in nature - whether leave to appeal is required pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) - whether a permanent stay consequent upon a refusal to be medically examined is an interlocutory judgment that affects the liberty of an individual - consideration of the principles in Talacko v Talacko (2010) 183 FCR 297 EVIDENCE - admission into evidence of extracts of a psychiatric report contained in a pleading filed in separate proceedings brought by the applicant in a different court - where the respondent obtained the pleading by making an access request to the other court - where the respondent adduced extracts of the psychiatric report to demonstrate a proper basis for seeking its own medical examination of the applicant by its nominated expert - whether the primary judge misconstrued various provisions of the Evidence Act 1995 (Cth) in allowing the extracts to be adduced for this limited purpose only
MCKERRACHER, KERR AND CHARLESWORTH JJ - 13 May 2021


Human Rights
Weller v Anderson [2021] FCA 503
HUMAN RIGHTS - sexual harassment and discrimination - competing allegations and denials of conduct - whether the applicant has discharged the onus of proof
MCKERRACHER J - 13 May 2021


Corporations Law ; High Court and Federal Judiciary
Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes Square W24NY Pty Ltd [2021] FCA 483
CORPORATIONS - application for declarations as to ownership of vehicle - vehicle subject to finance from third party intervener - company defaults under finance agreement - company in liquidation - liquidator purported to disclaim vehicle under s 568(1)(d) of the Corporations Act 2001 (Cth) - liquidator obtains warrant to seize property of the company - liquidator seizes vehicle which was the subject of the purported disclaimer - third party intervener accepts that its registration of security interest in respect of the vehicle was defective under the Personal Property Securities Act 2009 (Cth) (PPSA) - third party intervener accepts that, by reason of s 267(2) of the PPSA, it no longer has a security interest in the vehicle CORPORATIONS - whether liquidators' notice of disclaimer was a nullity - whether vehicle answers description in s 568(1)(d) of the Corporations Act 2001 (Cth), being property of the company that consists of property that may give rise to a liability to pay money or some other onerous obligation - vehicle was not property that may give rise to a liability to pay money or some other onerous obligation - liquidators' notice of disclaimer was a nullity and of no effect HIGH COURT AND FEDERAL COURT - declaratory relief - power to award declaratory relief - discretion to award declaratory relief - whether conduct of liquidators in seizing the vehicle after liquidators purported to issue notice of disclaimer ensures liquidators should be denied declaratory relief sought - no discretionary considerations which warrant refusing the declaratory relief sought by the liquidators
ANDERSON J - 13 May 2021


Bankruptcy
Comcare v Dunkerley [2021] FCA 495
BANKRUPTCY AND INSOLVENCY - creditor's petition for a sequestration order - where respondent debtor opposed creditor's petition and making of a sequestration order - whether a debt due in truth and reality - whether to 'go behind' a judgment - sequestration order made
ABRAHAM J - 13 May 2021


Native Title
WG & DK Ryan Pty Ltd (Trustee) v State of Queensland [2021] FCA 499
NATIVE TITLE - non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) ('NTA') - determination sought under s 86G of the NTA that no native title exists over the determination area - whether within power and appropriate to make the order sought - order made in the terms sought
SC DERRINGTON J - 13 May 2021


Consumer Law
Australian Competition and Consumer Commission v Telstra Corporation Limited [2021] FCA 502
CONSUMER LAW - admitted contraventions of s 21 of Australian Consumer Law - whether agreed pecuniary penalty appropriate having regard to all relevant circumstances - consideration of relevant matters in determining amount of pecuniary penalty - declaratory relief and penalties awarded in terms sought by parties pursuant to s 244 of the ACL
MORTIMER J - 13 May 2021


Migration
CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69
MIGRATION - appeal from decision of Administrative Appeals Tribunal to affirm decision by delegate of Minister not to revoke visa cancellation - where Ministerial Direction 79 must be applied by all delegates of Minister making decisions under the Migration Act 1958 (Cth) to grant, cancel or revoke a cancellation of a visa - where cl 14.4 of Direction 79 requires decision-maker to consider impact of a decision not to revoke a visa cancellation on members of Australian community, including victims - where negative phrasing of cl 14.4 appears inconsistent with cll 10.4 and 12.3, that require consideration of impact on members of the Australian community, including victims, of a decision to cancel or grant a visa - whether literal meaning of cl 14.4 could be departed from in construing Direction 79 to give effect to its intention - held, dismissing appeal, cl 14.4 should not be construed literally but in light of the instrument as a whole and analogously with other similar provisions.
RARES, O'CALLAGHAN, JACKSON JJ - 3 MAY 2021


Corporations Law
Rathner (liquidator), in the matter of Garrows Close Pty Ltd (in liq) [2021] FCA 505
CORPORATIONS - bare trustee - insolvency of corporate trustee - winding up of trust - necessary powers - s 63 of Trustee Act 1958 (Vic) - power of sale - orders and directions - s 90-15 of Schedule 2 (Insolvency Practice Schedule (Corporations)) to Corporations Act 2001 (Cth) - analogous application of Parts 5.5 and 5.6 to application and distribution of trust property - orders made
BEACH J - 12 MAY 2021


Practice and Procedure ; Corporations Law
Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd [2021] FCA 491
PRACTICE AND PROCEDURE -- application for summary judgment or dismissal of proceeding -- whether applicant has standing to bring proceeding -- whether applicant is proper party to bring causes of action alleged in statement of claim -- whether respondents have a valid defence to applicant's claims -- whether respondents entitled to summary judgment or dismissal of proceeding on the basis of an alleged promise not to sue -- application refused PRACTICE AND PROCEDURE -- application to strike out statement of claim on basis that it does not disclose a reasonable cause of action -- alleged deficiencies in applicant's pleas of knowledge and of loss and damage -- application refused PRACTICE AND PROCEDURE -- application for security for costs -- where applicant impecunious -- relevance of strength of applicant's case -- where third parties stand to benefit from proceeding if successful -- relevance of an undertaking to meet costs up to $60,000 offered by third parties -- whether security for costs should be ordered to date of mediation or to end of the first day of trial -- whether evidence of likely costs sufficient to found an order -- security for costs ordered PRACTICE AND PROCEDURE -- application to transfer proceeding to New South Wales District Registry -- location of witnesses -- relevance of poor health of second respondent -- ability to conduct case management and interlocutory hearings by audio-visual link -- no sound reason to order that proceedings be conducted elsewhere -- application refused
BESANKO J - 12 May 2021


Taxation ; Constitutional Law
Shell Energy Holdings Australia Limited v Commissioner of Taxation [2021] FCA 496
TAXATION - appeal against objection decision of Commissioner of Taxation - where applicant party to joint venture agreements in relation to natural gas project - where participants in project held statutory titles which conferred authority to explore for petroleum - where applicant increased its proportional interest in each of statutory titles through purchase of additional proportional interest pursuant to Asset Exchange Agreement - whether applicant entitled to tax deduction under s 40-80 of Income Tax Assessment Act 1997 (Cth) for cost of acquiring additional proportional interest - consideration of nature of intangible assets comprising additional proportional interest - finding that deduction can be claimed in relation to additional proportional interest in some statutory titles TAXATION - whether first use of additional proportional interest for exploration for petroleum - whether activities undertaken by applicant as part of project required use of authority to explore conferred by statutory titles - consideration of meaning of first use - consideration of meaning of exploration - finding that additional proportional interest was first used for exploration in relation to some statutory titles TAXATION - consideration of when applicant first held additional proportional interest for purposes of Division 40 - consideration of provisions of Asset Exchange Agreement as to when dealing would take effect - whether provisions could operate retrospectively after dealings approved and registered TAXATION - whether s 40-77 of Income Tax (Transitional Provisions) Act 1997 (Cth) disapplies Division 40 to the additional proportional interest - where s 40-77 disapplies Division 40 to mining, quarrying or prospecting right held before certain date - where s 40-77 disapplies Division 40 in circumstances where taxpayer held right before certain date and starts to hold new right after date which relates to same area - where offshore areas covered by statutory titles had been subject of earlier titles held by applicant - finding that Division 40 not disapplied by s 40-77 CONSTITUTIONAL LAW - whether rights and title vested in each State by Coastal Waters (State Title) Act 1980 (Cth) prohibit exploration or exploitation of natural resources - consideration of breadth of authority to explore conferred by statutory titles - consideration of extent of activities requiring permission from the Commonwealth or relevant State
COLVIN J - 12 MAY 2021


Aviation ; Damages
Grueff v Virgin Australia Airlines Pty Ltd [2021] FCA 501
AVIATION - two applications for damages under Art 17(1) of the 1999 Montreal Convention as given force by s 9B of the Civil Aviation (Carriers' Liability) Act 1958 (Cth) (CACL Act) - two passengers consumed "tainted" water onboard international flight from Denpasar to Sydney - passengers complained of various health conditions - whether passengers suffered "bodily injury" within meaning of Art 17(1) - whether "bodily injury" caused by "accident" onboard flight - consideration of "common sense" causation in absence of medical evidence
GRIFFITHS J - 12 May 2021


Practice and Procedure ; Costs
Vince in his capacity as trustee of the bankrupt estate of Gullquist v Jusbec Pty Ltd as trustee of the Super Fortune Trust [2021] FCA 497
PRACTICE AND PROCEDURE - application for review of Registrar's decision - application for adjournment - adjournment refused - application for review dismissed - no point of principle - orders made
BEACH J - 11 MAY 2021


Arbitration
Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu [2021] FCA 477
ARBITRATION - international arbitration - application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) in respect of an application for enforcement of a foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) - where second respondent contends that she did not receive proper notice of the arbitration or appointment of arbitrators - where second respondent contends that the arbitral award involved a breach of natural justice - application for summary judgment against second respondent refused but granted against other respondents - application to enforce award refused against second respondent but granted against other respondents
MIDDLETON J - 11 May 2021


Corporations Law
Australian Securities and Investments Commission v Theta Asset Management Limited [2020] FCA 1894
CORPORATIONS - admitted contraventions of civil penalty provisions - issue of defective product disclosure statements containing misleading or deceptive information with regards to a retail managed investment scheme - where parties jointly proposed agreed relief comprising declarations of contravention, pecuniary penalties and disqualification orders - whether relief sought is appropriate in all the circumstances - whether a single penalty should be imposed in light of the agreed position of the parties
MCKERRACHER J - 19 November 2020


Practice and Procedure
Selvaratnam v St George - A Division of Westpac Banking Corporation (No 2) [2021] FCA 486
PRACTICE AND PROCEDURE - application by the respondent to file a cross-claim and amended defence - where respondent sought to bring the cross-claim so that the hearing of the proceeding can determine finally all disputes - suitable explanation from the respondent as to why the cross-claim had not been filed earlier - where proposed amended defence seeks to withdraw a pleading that benefits the applicant - leave to amend required under rr 16.53 and 26.11(2) of the Federal Court Rules 2011 (Cth) - where applicant has not demonstrated any significant relevant prejudice by the amendments - where respondent provided sensible explanation for the amendments - where refusing leave to amend would lead to irremediable prejudice to the respondent - leave to file a cross-claim and amended defence granted PRACTICE AND PROCEDURE - application by the applicant to cross-examine a deponent on the respondent's application to file an amended defence - where cross-examination would be a dry run for the trial - where cross-examination at the interlocutory stage would give unfair advantage to the applicant - leave to cross-examine refused
STEWART J - 10 May 2021


Practice and Procedure ; Corporations Law
Eltrak International and Staff Pty Ltd v Collins [2021] FCA 484
PRACTICE AND PROCEDURE - Federal Court Rules 2011 (Cth) rr 7.42 and 7.43 - ex parte application by employer for search orders against former senior employee - where strong prima facie case in respect of multiple causes of action - where serious actual and potential loss to applicant - orders made
RANGIAH J - 5 MAY 2021


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