UPDATE 174 FEBRUARY 2014 FEDERAL COURT PRACTICE. G Flick SC. Highlights
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1 UPDATE 174 FEBRUARY 2014 FEDERAL COURT PRACTICE G Flick SC Highlights New and updated commentary by Justice G Flick relating to the Federal Court of Australia Act 1976 and the Federal Court Rules 2011 Updated legislation Material Code Print Post Approved PP255003/00337
2 NEW AND UPDATED COMMENTARY New and updated commentary by Justice Geoffrey A Flick has been inserted into: Federal Court of Australia Act 1976 at: [FCA14.30] regarding the death or resignation of a judge or unavailability under s 14(3); [FCA20.50] regarding precedent and judicial comity, with reference to Duckworth v Water Corporation [2012] WASC 30; [FCA23.70] regarding interlocutory orders principles to be applied, with reference to Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156 and Donoghue v Commissioner of Taxation [2013] FCA 84; [FCA24.60] regarding nature of appeal a rehearing, with reference to Whittaker v Child Support Registrar [2010] FCAFC 112 and Ramos v Good Samaritan Industries [2013] FCA 30; [FCA24.240] regarding appeals from interlocutory judgments under s 24(1A), with reference to SZRQZ v Minister for Immigration and Citizenship [2013] FCA 171, Fair Work Ombudsman v Toyota Material Handling (NSW) Pty Ltd [2012] FCAFC 193 and Research Affiliates LLC v Commissioner of Patents [2013] FCA 329; [FCA25.60] regarding to stay an order under s 25(2)(d), with reference to Commissioner of Taxation v Multiflex Pty Ltd [2011] FCA 1316; [FCA29.40] regarding factors in exercise or the court s discretion, with reference to Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685; [FCA31A.20] regarding summary judgment, with reference to Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd [2008] FCAFC 60 and British American Tobacco Australasia Ltd v Taleb (No 3) [2013] FCA 80; [FCA33J.20] regarding the right to opt-out, with reference to Boase v Sullivan Commercial Pty Ltd (No 3) [2013] FCA 15; [FCA33V.60] regarding settlement, with reference to Boase v Sullivan Commercial Pty Ltd (No 3) [2013] FCA 15 and Peterson v Merck Sharp & Dohme (Aust) Pty Ltd (No 6) [2013] FCA 447; [FCA37M.20] regarding overarching purpose of the civil practice and procedure provisions under s 37M, with reference to CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2013] FCA 152; Federal Court Practice 2
3 [FCA43.80] regarding costs follow the event, with reference to Plate Glass Holdings Pty Ltd v Fraser Gordon Investments Pty Ltd (No 2) [2013] FCA 288 and Peterson v Merck Sharp & Dohme (Aust) Pty Ltd (No 6) [2013] FCA 447; [FCA44.20] regarding the administration of oaths and affirmations; [FCA48.20] regarding change of venue, with reference to Lamb v Hog s Breath Company Pty Ltd (No 1) [2007] FCA 49; [FCA48.40] regarding the need to satisfy the court of change to status quo, with reference to British American Tobacco Australasia Ltd v Taleb (No 3) [2013] FCA 80; [FCA48.60] regarding a venue chosen by a plaintiff, with reference to Wepar Nominees Pty Ltd v Schofield [2013] FCA 920; [FCA48.70] regarding other factors to be considered for a change of venue, with reference to Baxendale s Vineyard Pty Ltd v Geographical Indications Committee [2007] FCA 22; and [FCA53A.20] regarding meditation and arbitration. Federal Court Rules 2011 at: [FCR ] regarding change of venue, with reference to British American Tobacco Australasia Ltd v Taleb (No 2) [2013] FCA 34; [FCR ] regarding representation by a family member, with reference to SZRQZ v Minister for Immigration and Citizenship [2013] FCA 171; [FCR ] regarding transfer of the proceeding item 34, with reference to British American Tobacco Australasia Ltd v Taleb (No 2) [2013] FCA 34; [FCR ] regarding damages or any other order r 5.23(2)(d), with reference to Breezway Australia (Holdings) Pty Ltd v Preference Manufacturing Pte Ltd (No 3) [2013] FCA 67; [FCR ] regarding injunction r 7.01(1)(a), with reference to Recall Information Management Pty Ltd v National Union of Workers [2013] FCA 161; [FCR ] regarding an opt-out notice in accordance with Form 21, with reference to Boase v Sullivan Commercial Pty Ltd (No 3) [2013] FCA 15; [FCR ] regarding the phrase person under a legal incapacity ; [FCR ] regarding historical background an infant or minor; [FCR ] regarding historical background a mentally disabled person; [FCR ] regarding children, with reference to SZRQZ v Minister for Immigration and Citizenship [2013] FCA 171; Federal Court Practice 3
4 [FCR ] regarding the hearing of a cross-claim separately r 15.13(a), with reference to 470 St Kilda Road Pty Ltd v Robinson [2013] FCA 62; [FCR ] regarding unconscionable conduct; [FCR ] regarding pleading fraud or analogous allegations, with reference to Perkins Maritime International Pty Ltd v Commonwealth Bank (1991) 105 FLR 216, Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd (1995) 57 FCR 360 and Delta Metallics v Hawley-Jacobs t/a Fightboi Health & Fitness Centre [2006] FCA 334; [FCR ] regarding an applicant company incorporated overseas; [FCR ] [FCR ] regarding express order or implied undertaking in respect to a document that has been read or referred to in open court; [FCR ] regarding the nature of the implied undertaking, with reference to Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10; [FCR ] regarding a substantive obligation not voluntary, with reference to Hearne v Street [2008] HCA 36; [FCR ] regarding legal professional privilege, with reference to Australian Competition & Consumer Commission v Telstra Corp Ltd [2000] FCA 28 and Complete Technology Pty Ltd v Toshiba (Aust) Pty Ltd (1994) 53 FCR; [FCR ] regarding after a document has been read or referred to in open court; [FCR ] regarding a release from the undertaking special circumstances, with reference to Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217; [FCR ] regarding a release from the undertaking manner of application; [FCR ] regarding production pursuant to statutory demand; [FCR ] regarding discovery of a particular document, with reference to Dennis v Chambers Investment Planners Pty Ltd [2012] FCA 63 and Haile-Michael v Konstantinidis (No 3) [2013] FCA 53; [FCR ] regarding application to be made to judge granting leave, with reference to Haile-Michael v Konstantinidis (No 3) [2013] FCA 53; [FCR ] regarding an abuse of process r 26.01(1)(d), with reference to Webuildem Pty Ltd v Arab Bank Australia Ltd [2013] FCA 37 and Budby v Queensland (No 2) [2013] FCA 314; [FCR ] regarding the discretion to be exercised, with reference to CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2013] FCA 152; Federal Court Practice 4
5 [FCR ] regarding the consent of the parties; [FCR ] regarding question to determine outcome; [FCR ] regarding power to amend questions, with reference to Director of Fisheries (NT) v Arnhem Land Aboriginal Land Trust [2001] FCA 98; [FCR ] regarding absence of party at trial; [FCR ] regarding applicant absent dismiss the application under r 30.21(1)(a)(i), with reference to A184 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1076; [FCR ] regarding proceeding with the trial rr 30.21(1)(a)(iii) and 30.21(1)(b)(iii), with reference to Registrar of Aboriginal Torres Strait Island Corporations v Ponto [2012] FCA 1500, AA Shi Pty Ltd v Avbar Pty Ltd (No 5) [2010] FCA 971 and TVBO Production Ltd v Australia Sky Net Pty Ltd [2009] FCA 1132; and [FCR ] regarding application to set aside or vary r 30.21(2)(a), with reference to Akpata v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 250 and Maher v Commonwealth Bank of Australia [2004] FCA 248. UPDATED LEGISLATION The Acts Interpretation Act 1901 has been amended by the Charities (Consequential Amendments and Transitional Provisions) Act 2013 (Act No 96 of 2013), with effect from 1 January Section 2B was amended. Federal Court Practice 5
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