State of Western Australia v Southern Equities Corporation Ltd (in liq) & Ors [1997] FCA 435

C A T C H W O R D S PRACTICE AND PROCEDURE - claim - cross - claim - whether separate hearing of cross-claims - overlap of issues - some separate issues - projected lengthy hearing - whether preliminary issues should be determined - factual issues underlying preliminary issues - overlap of issues general to claim - separate hearings declined. Trade Practices Act 1974 STATE OF WESTERN AUSTRALIA v. SOUTHERN EQUITIES CORPORATION LTD (In Liquidation), WARDLEY AUSTRALIA LIMITED, LAWRENCE ROBERT CONNELL, WARDLEY AUSTRALIA SECURITIES LIMITED, ROTHWELLS LIMITED (In Liquidation), JAMES PHILLIP YONGE and CROSS RESPONDENTS WAG 115, 116 and 118 of 1990 FRENCH J PERTH 19 MAY 1997

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 115, 116 and 118 of 1990 B E T W E E N: STATE OF WESTERN AUSTRALIA Applicant and SOUTHERN EQUITIES CORPORATION LTD (In liquidation) First Respondent WARDLEY AUSTRALIA LIMITED Second Respondent LAWRENCE ROBERT CONNELL Third Respondent WARDLEY AUSTRALIA SECURITIES LIMITED Fourth Respondent ROTHWELLS LIMITED (In Liquidation) Fifth Respondent and JAMES PHILLIP YONGE Sixth Respondent and CROSS RESPONDENTS MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 19 MAY 1997 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The claim and cross-claims will be heard together. 2. Costs on the issue of a separate hearing of the cross-claims and the separate hearing of other issues be reserved. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 115, 116 and 118 of 1990 B E T W E E N: STATE OF WESTERN AUSTRALIA Applicant and SOUTHERN EQUITIES CORPORATION LTD (IN LIQUIDATION) First Respondent and WARDLEY AUSTRALIA LIMITED Second Respondent LAWRENCE ROBERT CONNELL Third Respondent WARDLEY AUSTRALIA SECURITIES LIMITED Fourth Respondent ROTHWELLS LIMITED (In Liquidation) Fifth Respondent and JAMES PHILLIP YONGE Sixth Respondent and CROSS RESPONDENTS