Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Austral Dutch Kaolin Pty Ltd v Hanjin P&C Co Ltd (No. 2) [2011] FCA 1241 Citation: Austral Dutch Kaolin Pty Ltd v Hanjin P&C Co Ltd (No. 2) [2011] FCA 1241
Parties: AUSTRAL DUTCH KAOLIN PTY LTD (ACN 097 469 139) v HANJIN P&C CO LTD
File number(s): QUD 108 of 2009
Judge: GREENWOOD J
Date of judgment: 1 November 2011
Catchwords: PRACTICE AND PROCEDURE – consideration of an application for leave to file a notice of cross-claim under Rule 15.05 of the Federal Court Rules 2011
Legislation: Federal Court Rules 2011, Rule 15.05
Cases cited: Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) FCAFC 101; (2010) 273 ALR 147 - cited Trade Practices Commission v Allied Mills Industries Pty Ltd (1980) 33 ALR 127 - cited
Date of hearing: 1 November 2011
Date of last submissions: 1 November 2011
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicant: Mr K Wilson SC
Solicitor for the Applicant: Michael O'Brien Lawyers
Counsel for the Respondent: Ms S Brown
Solicitor for the Respondent: Freehills
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 108 of 2009
BETWEEN: AUSTRAL DUTCH KAOLIN PTY LTD (ACN 097 469 139)
Applicant
AND: HANJIN P&C CO LTD
Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 1 NOVEMBER 2011 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Hanjin P&C Co Ltd (the cross-claimant) file the notice of cross-claim and statement of cross-claim by 3 November 2011. 2. Austral Dutch Kaolin Pty Ltd (the cross-respondent) file its defence to the cross-claim by 2 December 2011. 3. The cross-claimant file its reply by 9 December 2011. 4. The cross-claimant provide the cross-respondent with a list of categories of documents that the cross-claimant requires to be disclosed (if any) by 16 December 2011. 5. The cross-respondent provide a response to the cross-claimant's list of categories of documents, and a list of categories of documents that the cross-respondent requires to be disclosed (if any), by 23 December 2011. 6. Unless there is a dispute as to the categories of documents to be disclosed, the parties file supplementary lists of documents in the categories as agreed between the parties by 13 January 2012. 7. The cross-claimant file and serve its affidavits (including any expert evidence) by 3 February 2012. 8. The cross-respondent file and serve its affidavits in reply (including any expert evidence) by 17 February 2012. 9. The matter be listed for a further directions hearing at 9.30am on 3 March 2011. 10. The parties have liberty to apply on three days notice. 11. The costs of Austral Dutch Kaolin Pty Ltd of and incidental to the application by Hanjin P&C Co Ltd for leave to file a notice of cross-claim be paid by Hanjin P&C Co Ltd. 12. Austral Dutch Kaolin Pty Ltd has leave to tax and recover the costs referred to in order 11 forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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