Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bavistock v Macquarie Equities Limited [2008] FCA 1620
PETER BAVISTOCK, CHRIS BAVISTOCK, CLO INVESTMENTS PTY LTD, DONNA TURNBULL, JAMIE BOWDEN, ADAM BARNEY, VERA DUNAISKI, ROBERT HUTCHINGS and MARIA HUTCHINGS v MACQUARIE EQUITIES LIMITED ACN 002 574 923
VID 850 of 2008
GORDON J
23 OCTOBER 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 850 of 2008
BETWEEN: PETER BAVISTOCK
First Applicant
CHRIS BAVISTOCK
Second Applicant
CLO INVESTMENTS PTY LTD
Third Applicant
DONNA TURNBULL
Fourth Applicant
JAMIE BOWDEN
Fifth Applicant
ADAM BARNEY
Sixth Applicant
VERA DUNAISKI
Seventh Applicant
ROBERT HUTCHINGS
Eighth Applicant
MARIA HUTCHINGS
Ninth Applicant
AND: MACQUARIE EQUITIES LIMITED ACN 002 574 923
Respondent
JUDGE: GORDON J
DATE OF ORDER: 23 OCTOBER 2008
WHERE MADE: MELBOURNE
OTHER MATTERS:
The parties consent to the cross-vesting to the Federal Court of Australia, South Australian District Registry, proceedings numbered 1458, 1459 and 1478 of 2008 in the Supreme Court of South Australia, and proceedings numbered 1578, 1589, 1590 and 1603 of 2008 in the District Court of South Australia ("the South Australian proceedings").
THE COURT ORDERS THAT:
1. The Respondent's Notice of Motion dated 16 October 2008 be dismissed. 2. The Applicants' application pursuant to Order 6 Rule 2(b) of the Federal Court Rules be adjourned to 2:30pm on 14 November 2008. 3. Pursuant to section 48 of the Federal Court Act 1976 (Cth) and Order 10 Rule 1(2)(f) of the Federal Court Rules, the proceedings be transferred to the Federal Court of Australia, South Australian District Registry at Adelaide. 4. By no later than 7 November 2008: a) the Respondent file and serve a defence; b) the Applicants file and serve a defence to the South Australian proceedings. 5. The proceedings are adjourned for further directions before Justice Mansfield at 2:30pm on 14 November 2008. 6. Costs reserved. 7. Liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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