Louis Vuitton Malletier SA v Knierum [2004] FCA 1168

FEDERAL COURT OF AUSTRALIA

Louis Vuitton Malletier SA v Knierum [2004] FCA 1168

PRACTICE AND PROCEDURE – whether proceeding or part of proceeding should be conducted in the New South Wales Registry – relevant factors Federal Court of Australia Act 1976 (Cth) s 48 Federal Court Rules, O 10 r 1(2)(f), O 30 r 6

National Mutual Holdings Pty Ltd v The Sentry Corporation (1988)19 FCR 155 cited

LOUIS VUITTON MALLETIER SA v JASON LEIGH KNIERUM, STEVEN ROWLES and LILLIAN JANNIGJE ROWLES V 651 OF 2004 KENNY J MELBOURNE 9 SEPTEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 651 OF 2004

BETWEEN: LOUIS VUITTON MALLETIER SA

APPLICANT

JASON LEIGH KNIERUM

FIRST RESPONDENT

STEVEN ROWLES

SECOND RESPONDENT

LILLIAN JANNIGJE ROWLES

THIRD RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 9 SEPTEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS BY consent THAT:

1. The matter be referred to a Registrar of this Court for mediation, in Melbourne on a date to be fixed, in accordance with O 72 of the Federal Court Rules.

THE COURT FURTHER ORDERS THAT:

1. The motion, notice of which was filed on 9 June 2004, be adjourned to a date to be fixed. 2. The first respondent file and serve an amended notice of appearance stating his proper address for service forthwith. 3. In the event that mediation is unsuccessful, proceeding V 651 of 2004 be transferred to the New South Wales Registry of the Federal Court of Australia and continued there. 4. There be no order as to the costs of the hearing on 8 September 2004.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 651 OF 2004

BETWEEN: LOUIS VUITTON MALLETIER SA

APPLICANT

JASON LEIGH KNIERUM