Steiner v La Trobe University [2002] FCA 621

FEDERAL COURT OF AUSTRALIA

Steiner v La Trobe University [2002] FCA 621

CAROL STEINER v LA TROBE UNIVERSITY

V 631 of 1999 & V 632 of 1999

RYAN J

10 MAY 2002

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 631 of 1999 and V 632 of 1999

BETWEEN: CAROL STEINER

Applicant

AND: LA TROBE UNIVERSITY

Respondent

JUDGE: RYAN J

DATE OF ORDER: 10 MAY 2002

WHERE MADE: MELBOURNE

UPON THE APPLICANT by its Counsel undertaking:

(a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory injunction made hereunder or any continuation, with or without variation, thereof; and

(b) to pay the compensation referred to in (a) to the person there referred to;

THE COURT ORDERS THAT: 1. The applicant be restrained until the hearing and determination of this proceeding or further order from making any application directed to the respondent under the Freedom of Information Act 1982 (Vic) ("the Act") or taking any step in connection with any such application as now may be pending; 2. The respondent have leave to file and serve by 31 March 2002 a Further Amended Defence to the Further Amended Consolidated Statement of Claim conforming with the draft Further Amended Defence ("the draft Defence") which is annexure "JLEH-1" to the affidavit of Jennifer Lee Edwards Hoffman sworn 24 April 2002 and filed herein except for the inclusion of pars 17B to 17H inclusive and pars 18B and 18C thereof, provided that the respondent may further amend the draft Defence by substituting for the said pars 17B to 17H inclusive and 18B and 18C such further or other paragraphs as it may be advised in light of the reasons for judgment delivered this day but without prejudice to the right of the applicant, if so advised, to object to such further amendments. 3. The applicant file and serve by 14 June 2002 any Reply to the Further Amended Defence of the respondent. 4. The respondent pay the applicant's costs (if any) thrown away by reason of the amendment of the respondent's Defence. 5. The applicant have leave to administer interrogatories for the examination of the respondent in the form of the draft interrogatories filed herein on 3 May 2002 and initialled by Ryan J, such interrogatories to be taken to have been served on the respondent this day. 6. The respondent by 31 May 2002 make file and serve answers to the interrogatories referred to in par 5 of this Order. 7. Paragraph 10 of the Orders made 7 December 2001 requiring the applicant to file and serve a court book by 24 April 2002 (subsequently extended by order of the Registry to 3 May 2002) be vacated. 8. The respondent have leave, having by its Counsel undertaken not to abstract, alter or deface any such document and to supply to the solicitors for the applicant a copy of any such document photocopied by it, to uplift the documents this day produced to the Court by Monash University upon subpoena dated 29 April 2002 for the purpose of photocopying such of them as it may be advised. 9. The applicant have leave, having by her Counsel undertaken not to abstract alter or deface any such document, to uplift the documents referred to in par 8 of this Order for the purpose of photocopying such of the said documents of which copies have not been furnished to the applicant pursuant to par 8 of this Order as she may be advised. 10. The further return of the said subpoena be adjourned to 11 July 2002 before Registrar Efthim. 11. The directions hearing herein be adjourned to be conducted by Registrar Efthim on 11 July 2002. 12. Liberty be reserved to either party to apply on not less than 48 hours notice in writing to the other side. 13. Subject to par 4 of this Order, the costs of both parties of and incidental to the motions on notice respectively dated 22 April and 24 April 2002 be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.