Alcock v Commonwealth of Australia [2011] FCA 392

FEDERAL COURT OF AUSTRALIA

Alcock v Commonwealth of Australia [2011] FCA 392 Citation: Alcock v Commonwealth of Australia [2011] FCA 392

Parties: ROBERT JAMES ALCOCK v COMMONWEALTH OF AUSTRALIA and STATE OF VICTORIA

File number(s): VID 435 of 2008

Judge: RYAN J

Date of judgment: 19 April 2011

Date of hearing: 8 April 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 11

Counsel for the Applicant: Mr P King

Solicitor for the Applicant: Waters Lawyers

Counsel for the First Respondent: Mr P Gray

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: Mr R Niall SC

Solicitor for the Second Respondent: Victorian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 435 of 2008

BETWEEN: ROBERT JAMES ALCOCK

Applicant

AND: COMMONWEALTH OF AUSTRALIA

First Respondent

STATE OF VICTORIA

Second Respondent

JUDGE: RYAN J DATE OF ORDER: 19 APRIL 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The questions set out in the document entitled "Questions for Separate Determination", annexed hereto and initialled by the Court (the separate questions), are to be decided separately pursuant to Order 29 of the Federal Court Rules. 2. The respondents file and serve their submissions in relation to the separate questions by 4.00 pm on 5 May 2011. 3. The applicant file and serve his submissions and any material on which he wishes to rely in relation to the separate questions by 4.00 pm on 27 May 2011. 4. The respondents file and serve any submissions in reply by 4.00pm on 2 June 2011. 5. There be a directions hearing before Tracey J on 3 June 2011 when a date will be fixed for the hearing of the separate questions. 6. The applicant's application for leave to rely on his revised further amended statement of claim filed herein on 5 April 2011 be adjourned to a date to be fixed by the docket Judge being a date not earlier than the hearing and determination of the questions referred to in paragraph 1 of this Order. 7. The costs of all parties of this day be reserved. 8. Liberty be reserved to any party to apply on not less than 48 hours notice in writing to the other parties. 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 Federal Law Search on the Court's website.