Federal Court of Australia
a we eee CG
CATCHWORDS
High Court and Federal Judiciary - Federal Court of Australia - Trade Practices Act 1974 — Power to transfer matters arising under
Division 1 or iA of Part V to State or Territory Court -
"interests of justice" - Practical difficulties of providing for trial by jury.
Federal Court of Australia Act 1976 ~ ss. 39, 40 Trade Practices Act 1974 — ss. 86, 86A
Insurance Commissioner v. Australian Associated Motor Insurers
Ltd. (No. 2) (1982) 49 A.D.R. 714 McDermott v. Collien (1953) 87 C.L.R. 154
CONSTRUCTION INDUSTRY LONG SERVICE LEAVE BOARD and EDWIN HOWDEN v. ODCO PTY. LTD., BRIAN PAUL GROVES and PAUL JOSEPH BOSA
No. VG202 of 1988
Jenkinson J. 28 July, 1988 Melbourne
~ 8 AUG 1988
FEDERAL COURT OF '| AUSTRALIA .
PF IMCIPAL
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SSP -_-
NAT To ae
IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY ) No. VG 202 of 1988 GENERAL DIVISION ) BETWEEN: CONSTRUCTION INDUSTRY
LONG SERVICE LEAVE BOARD and EDWIN HOWDEN
Applicants
AND: ODCO PTY. LTD., BRIAN PAUL GROVES and PAUL JOSEPH BOSA ——
Respondents
CORAM: Jenkinson J. DATE: 28 July, 1988 PLACE: Melbourne
REASONS FOR JUDGMENT
Applications for directions.
By an application filed on 8 June 1988 the applicants commenced this proceeding. Before the date endorsed on the application, pursuant to Rules 8 and 9 of Order 4, for the hearing of the applicants' claims for interlocutory injunctions and for a directions hearing, the applicants filed and served notice of a motion for those injunctions. The motion was heard and subsequently, on 24 June 1988, dismissed by me. On that day direction was given that the directions hearing not proceed on the date specified in the application for that hearing, 28 June 1988.
On 24 June 1988 the parties indicated directions which were
2.
sought. On some points they were in agreement. They were in agreement that the applicants should have leave to amend the title of the proceeding by substituting for the word "Paul" therein the word "Peter", and that the applicants should have leave to amend the statement of claim as they might be advised within 7 days, and
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