Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Australian Competition & Consumer Commission v Boral Ltd (No 2) [2004] FCA 1122 PRACTICE & PROCEDURE – application for adjournment of trial AUSTRALIAN CONSUMER & COMPETITION COMMISSION v BORAL LTD (NO. 2) V699 of 2004 HEEREY J 27 AUGUST 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V699 OF 2004
BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION
APPLICANT
AND: BORAL LIMITED (ACN 008 421 761)
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 27 AUGUST 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The Applicant file and serve any further Affidavits upon which it proposes to rely, or in the alternative drafts therein, by 6 September 2004. 2. The Applicant serve a list of the documents upon which it proposes to rely by 13 September 2004. 3. The Respondent file and serve any further affidavits, or in the alternative drafts therein, and a list of the documents upon which it proposes to rely by 20 September 2004. 4. The parties file and serve written lists of objections 6 September 2004 to all of the affidavit material already filed. 5. The parties file and serve written lists of objections to all affidavit material filed hereafter within 3 days of receipt of such affidavits. 6. The parties file and serve responses to lists of objections within 3 days of receipt of the lists of objections. 7. The parties file and serve any affidavits of expert witnesses upon which they propose to rely by 8 October 2004. 8. An agreed Court Book to be filed and served by 8 October 2004. 9. By 8 October 2004 a timetable for the calling of witnesses and the making of submissions within the time fixed for trial, and a schedule of factual and legal issues (expressed wherever appropriate in question form) be produced by the parties. 10. The trial is adjourned to a date to be fixed (estimate of 8 weeks). 11. To the extent not inconsistent with these directions the earlier directions will remain in force. 12. Costs reserved.
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