Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Polaris Communications Pty Ltd v Dynamic Hearing Pty Ltd [2007] FCA 627 POLARIS COMMUNICATIONS PTY LTD (ACN 006 102 601) v DYNAMIC HEARING PTY LTD (ACN 098 878 212) AND PLANTRONICS PTY LTD (ACN 080 486 193) VID 676 OF 2006
SUNDBERG J
3 MAY 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 676 OF 2006
BETWEEN: POLARIS COMMUNICATIONS PTY LTD (ACN 006 102 601)
Applicant
AND: DYNAMIC HEARING PTY LTD (ACN 098 878 212)
First Respondent
PLANTRONICS PTY LTD (ACN 080 486 193)
Second Respondent
JUDGE: SUNDBERG J DATE OF ORDER: 3 MAY 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicant file and serve its amended application and statement of claim by 21 May 2007. 2. The respondents file and serve their amended defences by 11 June 2007. 3. The applicant file and serve any reply by 25 June 2007. 4. The applicant and its legal advisers be released from all confidentiality undertakings provided by them with respect to the first respondent's documents 1, 3 to 12, 14, 15 (but not including the parts headed "Background/Aims" and "Significance"), 18, 19, 20 and 24 referred to in its Lists of Documents sworn 10 May 2006 and 29 September 2006 (the confidential documents). 5. The first respondent be permitted to redact parts of the confidential documents to correspond with the redaction made by the second respondent and referred to in the orders herein dated 29 August 2006. 6. The applicant's legal advisers be permitted to disclose the confidential documents and all other documents discovered by the respondents in this proceeding to the applicant and any other person retained by the applicant for the sole purpose of the conduct of the proceeding. 7. The issue of liability be heard and determined prior to the issue of quantum. 8. The orders made herein on 24 November 2006 be vacated. 9. The directions hearing scheduled for 28 May 2007 be vacated and the proceeding be relisted for directions on 24 August 2007. 10. The motion notice of which was filed on 5 April 2007 be otherwise dismissed. 11. The costs of and consequential on the amendment of the application and statement of claim be paid by the applicant. 12. Otherwise the costs of the motion 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
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