Federal Court issues practice notes on interest on judgments

September 20, 2017

Properly determining the interest component in an award is an important calculation.  And one that is done poorly more often than Read the rest of this entry »

Federal Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017 take effect on 1 September 2017

August 30, 2017

The Federal Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017  comes  into effect on 1 September 2017.  That will Read the rest of this entry »

Gucce Holdings Pty Ltd v Bank of Queensland Limited [2017] FCA 12 (19 January 2017): application to set aside staututory demand, section 459G Corporations Act

February 5, 2017

In Gucce Holdings Pty Ltd v Bank of Queensland Limited [2017] FCA 12  the Federal Court considered whether a sale for undervalue, or at least a claim as such, was a basis for an offsetting claim (and what is required) as well as whether a special leave application was sufficient to set aside a statutory demand.

FACTS

Gucce Holdings Pty Ltd (ACN 099 191 714) filed an application, [1], with an  affidavit of  Tina Michelle Bazzo, director of Gucce,[2], on 29 December 2015 pursuant to s 459G of the Corporations Act 2001to set aside a statutory demand made by the Bank of Queensland Limited.

Bazzo stated that Read the rest of this entry »

Furnari v Ziegert [2016] FCA 1080 (2 September 2016): Telecommunications (Interception and Access) Act 1979, private communications, injunctive relief, defamation

September 18, 2016

The Federal Court per Murphy J in Furnari v Ziegert [2016] FCA 1080 considered the unusual application for injunctive relief arising out of a defamation action.  The decision is notable for its consideration of section 7 of the Telecommunications (Interception and Access) Act 1979 (“TIA Act”).

FACTS

The applicant purchased a pedigree bobtail Doberman pup from the respondents for $3,500 in December 2015. He said that Ms Ziegert represented that the pup could breed, was a natural bobtail, had been checked by a veterinarian, didn’t have Von Willebrand disease and weighed between 9 and 10 kg.  Upon taking delivery of the pub he said it had been sterilised, was diseased, weighed only 4.5 kg, was unhealthy and, as if that wasn’t enough, was not a natural bobtail.  Not surprisingly the applicant alleged misrepresentations by the respondents [7] which is the subject of a proceeding in the Victorian Civil and Administrative Tribunal  [8].

The dispute escalated into a defamation proceeding. His Honour summarised the circumstances  as: Read the rest of this entry »

Dallas Buyers Club, LLC v iiNet Limited (No 1) [2014] FCA 1232: Non parties seeking access to restricted documents on the court file & privacy

November 21, 2014

The Federal Court, per Perram J, recently considered an application by non parties to affidavit material filed with the court in Dallas Buyers Club, LLC v iiNet Limited (No 1).  It is a useful, and well written, exposition on the principles of open justice and, interestingly, the competing issues in non parties seeking access to affidavit material.   His Honour specifically foreshadowed that there will need to be consideration of the Australian Privacy Principles (the APPs) as privacy concerns have been raised by the Respondent.

FACTS

The Applicant (“Dallas”) is making application for preliminary discovery from the Respondent (“iiNet”) under Rule 7.22 of the Federal Court Rules.  Dallas obtained [4] and identified the IP addresses of persons it claims have been involved in file sharing of the film, The Dallas Buyers Club [3].  The IP address identifies Read the rest of this entry »

Federal Court makes announcement about Electronic Court File project

December 9, 2013

Today the Federal Court announced the transition to complete electronic filing and storage by the end of 2014.  Many in the profession have known for some time of the Federal Court’s preference for moving in this direction.

Details of the process are as follows (and found here):

Federal Court of Australia’s Electronic Court File

Project overview

The Federal Court of Australia is an early adopter of the use of information technology to increase the effectiveness, efficiency and accessibility of the Court. Technology has, and will continue to change court operations, similar to the ways in which technology has affected business practices across the globe.

The Court is currently undertaking an important change in its internal operations – it will transition from paper based information management to digital files. This transition is called the Electronic Court File (ECF) project.

This change will primarily affect the internal functions of the Court but will also provide opportunities for Court users to expand how they interact with the Court.

The ECF project is a further step towards the creation of a single web-based interface, which will effectively integrate the electronic provision and management of information and services. We use the term my files to describe the service. Registered court users will be able to see immediately a list of their files or more precisely, the information or documents they are authorised to access on the Court’s files. They will be able to undertake electronic interaction with the Court and other court users, in respect of my files (ie. your files).

Project aims

The key aims of the project are to:

Federal Court Amendment (Electronic Court File Measures No. 1) Rules 2013 comes into effect tomorrow, 26 November 2013

November 25, 2013

The Federal Court Rules 2011 have been amended to support the first stage of the implementation in the Federal Court of an electronic court file.

The amendments will make relatively minor changes to such things as the use of stamps and seals; preparation and lodging of documents; redacting, amending and removing documents; and producing documents for inspection or in compliance with a subpoena.

According to the notification from the Fedeal Court the the Amendment Rules will:

1. amend subrules 2.01(2) and (3) and paragraph 39.35(1)(b) and Schedule 1 to clarify that either the seal of the Court (for convenient processing electronically) or the stamp of a District Registry (for convenient processing in paper) can be used;

2. insert new rules Read the rest of this entry »

Federal Court amends Practice Note Corp 2 – CROSS-BORDER INSOLVENCY COOPERATION WITH FOREIGN COURTS OR FOREIGN REPRESENTATIVES

This practice note deals with cross-border insolvency co-operation with foreign courts. It is found here.

The amendment is the inserttion of paragraph 6 Read the rest of this entry »

New Practice note from the Federal Court on the content of Appeal Books and preparation for hearing.

The Federal Court has issued a new Practice Note APP 2, dealing with the Court’s requirements for Appeal Books and preparation for hearing. It is found here.

The amendments include Read the rest of this entry »

Fisher v Houston [2013] FCA 1026 (11 October 2013): Privacy Act 1988, preliminary discovery, costs

October 15, 2013

In Fisher v Houston [2013] FCA 1026 Tracey J made orders regarding the award of costs associated with an application for preliminary discovery.  The context of the preliminary discovery application relating to a potential claim under the Privacy Act 1988. I was junior counsel for the Applicant in this proceeding.

FACTS

The prospective applicant (“Fisher”) has a mobile telephone but only provided the number to a limited group of persons. In March 2012 he received a call on his mobile telephone from a journalist, the prospective respondent (“Houston”).  Houston asked Fisher for a comment about a legal proceeding in which a business associate of Fisher’s was involved [1] Fisher never Read the rest of this entry »