Jacobs, Anthony Dale & anor v Claudius Enterprises Pty ltd [1984] FCA 411

All CATCHWORDS

Practice and Procedure - application for change of venue - Trade Practices Act application in respect of franchise agreement concerning pizza parlour in Cessnock, New South Wales - application filed in Queensland where applicants now reside -

respondent company incorporated in Tasmania where respondent

director resides - factors to be taken into account - relevance of clause in franchise agreement providing for jurisdiction of

Tasmanian courts.

Federal Court Rules 0.10 r.2(f)

ANTHONY DALE JACOBS and BETTY ANNE JACOBS

v. CLAUDIUS ENTERPRISES PTY LIMITED

OLD G71 of 1984

SPENDER J.

BRISBANE 27 AUGUST 1984

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G71 of 1984 GENERAL DIVISTON )

BETWEEN : ANTHONY DALE JACOBS and BETTY ANNE JACOBS

Applicants AND:

CLAUDIUS ENTERPRISES PTY LIMITED

First Respondent

AND: WILLIAM JOHNSON

second Respondent

ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 27 AUGUST 1984 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Direct that this proceeding be transferred toa Registry in New South Wales there to be listed for directions as to hearing of proceedings.

2. Costs reserved.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G71 of 1984 GENERAL DIVISION )

BETWEEN :

ANTHONY DALE JACOBS and BETTY ANNE JACOBS

Applicants AND: CLAUDIUS ENTERPRISES PTY LIMITED First Respondent AND:

WILLIAM JOHNSON

' Second Respondent

SPENDER J. 27 AUGUST 1984

EXTEMPORE REASONS FOR JUDGMENT

This is the respondents' notice of motion that the proceedings be transferred to the Tasmanian District Registry of

the Federal Court of Australia.

In relation to that application, Order 10 rule 1 of the Federal Court Rules provides in sub-rule (1) that on a directions hearing, "the Court shall give such directions with respect to

the conduct of the proceedings as it thinks proper." Sub-rule