Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 3) [2010] FCA 428 Citation: Sagacious Legal Pty Ltd v Wesfarmers General Insurance Limited (No 3) [2010] FCA 428
Parties: SAGACIOUS LEGAL PTY LTD v WESFARMERS GENERAL INSURANCE LIMITED
File number: NSD 509 of 2009
Judges: RARES J
Date of judgment: 15 April 2010
Corrigendum: 28 June 2010
Catchwords: PRACTICE AND PROCEDURE – notices under s 78B of the Judiciary Act 1903 (Cth) –failure to give a s 78B notice to one Attorney-General in respect of final hearing – whether s 78B(2)(c) permits a court to begin to hear evidence and argument concerning matters that are severable from the Constitutional question PRACTICE AND PROCEDURE – duty of the Court under s 37M(1) of the Federal Court of Australia Act 1976 – overarching purpose to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible – duty of the Court to facilitate overarching purpose read with duty under s 78B(1) of the Judiciary Act 1903 not to proceed in the cause except in accordance with s 78B(2) – whether Court can consider potential to continue proceedings without dealing with Constitutional issue while notice given under s 78B
Legislation: Federal Court of Australia Act 1976 s 37M(1) Judiciary Act 1903 (Cth) s 78B, s 78B(1), s 78B(2)(c)
Cases cited: Amrit Lal Narain v Parnell (1986) 9 FCR 479 applied Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 applied Australian Competition Consumer Commission v CG Berbatis Holdings Pty Limited (1999) 95 FCR 292 applied Oreb v Professional Services Review Committee No. 298 [2004] FCA 1408 referred to Sagacious Legal Pty Limited v Westfarmers General Insurance Limited (No 2) [2010] FCA 275 applied State Bank of New South Wales v Commonwealth Savings Bank of Australia (1986) 4 NSWLR 549 referred to Tavalu v Minister for Immigration and Multicultural, Indigenous Affairs [2002] FCA 1027 referred to
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