Federal Court of Australia
CATCHWORDS PRACTICE AND PROCEDURE - strike out application - general principles - whether defects in statement of claim require entire pleading to be struck out - discussion of proper approach to be taken where litigant unrepresented. PRACTICE AND PROCEDURE - strike out application - litigant purports to file statement of claim on behalf of two deregistered companies - effect of deregistration of company party to proceedings. ESTOPPEL - strike out application - Res Judicata - issue estoppel - Anshun Estoppel - discussion of principles. PRACTICE AND PROCEDURE - strike out application - deeds of company arrangement entered by respondents - effect on claims of applicants. PRACTICE AND PROCEDURE - strike out application - failure to plead facts material to cause of action under Order 11, r.2 Federal Court Rules. PRACTICE AND PROCEDURE - strike out application - whether to grant leave to replead - conditions to repleading. PRACTICE AND PROCEDURE - application for transfer of proceedings. PRACTICE AND PROCEDURE - application to join proceedings brought by first applicant with bankruptcy proceedings in which first applicant is debtor. PRACTICE AND PROCEDURE - alleged conflict of interest - legal representatives acted for administrator and shareholders of communities - whether court has power to require separate legal representation. Corporations Law, Pt 5.3A, Div. 10. Federal Court Rules, Order 11, r.16; Order 12, r.1; Order 41, r.5. A & S Oayda Investments Pty Ltd v Burns Philp Trustee Company Ltd (In Liq.), FCA/Lockhart J., 25 November 1994, unreported Azzopardi v Bois [1968] VR 183 Blair v Curran (1939) 62 CLR 464 Bryant v Commonwealth Bank of Australia (1995) 57 FCR 287 Chamberlain v Deputy Commissioner of Taxation (1988) Coe v Commonwealth of Australia (1979) 24 ALR 118 Commonwealth Industrial Gases Ltd v Top Australia Ltd FCA/O'Loughlin J., 16 April 1993, unreported Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Empire Shipping Company Inc v Owners of the Ship "Shin Kobe Maru" (1991) 32 FCR 78 General Steel Industries Inc v Commissioner for Railways (NSW)
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