Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tyco (Australia) Pty Ltd T/AS ADT Security v Signature Security Group Pty Ltd (No 4) [2010] FCA 758 Citation: Tyco (Australia) Pty Ltd T/AS ADT Security v Signature Security Group Pty Ltd (No 4) [2010] FCA 758
Parties: TYCO (AUSTRALIA) PTY LTD T/AS ADT SECURITY v SIGNATURE SECURITY GROUP PTY LTD, SIMECORP PTY LTD, MARTIN SALAZAR, AUSTRALIAN SECURITY AND FIRE PTY LTD and GREGORY THOMAS
File number(s): NSD 779 of 2009
Judge: PERRAM J
Date of judgment: 20 July 2010
Catchwords: PRACTICE AND PROCEDURE – Pleadings – Cross-claims – Time to file – Matter proceeding on a statement of claim – Cross-claim to be filed in time limit specified for filing of defence to initial statement of claim and not later amended versions of that pleading – O 5 r 5(1) Federal Court Rules – Leave to extend time for filing may be granted: O 3 r 3(2)(a) – Appropriate where later amendments to the statement of claim have necessitated the filing of cross-claims
Legislation: Federal Court Rules O 3 r 3; O 5 rs 4, 5, 7, 8, 9; O 11, r 20 Uniform Civil Procedure Rules 2005 (NSW) Pt 9 r 1
Cases cited: Hollis v Vabu Pty Ltd (2001) 207 CLR 21 cited State of New South Wales v Lepore (2003) 212 CLR 511 cited Sweeney v Boylan Nominees Pty Ltd (2006) 226 CLR 161 cited
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