Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Mutual Life Association of Australasia Limited v Tolfield Pty Ltd (No 3) [2012] FCA 100 Citation: National Mutual Life Association of Australasia Limited v Tolfield Pty Ltd (No 3) [2012] FCA 100
Parties: THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED (ACN 004 020 437) v TOLFIELD PTY LTD (ACN 010 147 243), FRANCES MARY SHEAHAN and SUZANNE COX
File number: VID 840 of 2010
Judge: COLLIER J
Date of judgment: 16 February 2012
Catchwords: PRACTICE AND PROCEDURE – discovery – application for strike out or further particularisation – capacity in which first respondent acted – trust – whether new Federal Court Rules 2011 or previous Federal Court Rules applicable – whether interests of justice require application of new Rules – whether "step in a proceeding" within meaning of new Rules – notice to produce – documents mentioned in pleading or referred to by pleading
Words & phrases: "step in a proceeding"
Legislation: Family Law Act 1975 (Cth) Federal Court Rules O 15 rr 10, 11, O 21 r 1 Federal Court Rules 2011 rr1.04, 20.31
Cases cited: Austal Ships Pty Ltd v Incat Australia Pty Ltd [2009] FCA 368 cited Beneficial Finance Corporation Ltd v Price Waterhouse (1996) 68 SASR 19 cited Bli Bli #1 Pty Ltd v Kimlin Investments Pty Ltd [2010] QCA 136 cited Buckley v McKenzie (1898) 4 Argus LR 229 cited Century Drilling Limited v Gerling Australia Insurance Company Pty Limited [2004] 2 Qd R 481 cited Citicorp Australia Ltd v Metropolitan Public Abattoir Board [1992] 1 Qd R 592 cited National Mutual Life Association of Australasia Limited v Tolfield Pty Ltd [2011] FCA 707 cited Reliable Roof Treatments Pty Ltd v Citra Constructions Pty Ltd [1974] 1 NSWLR 285 cited Singh v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs (No 3) [2011] FCA 1042 cited SZOVZ v Minister for Immigration & Citizenship [2011] FCA 863 cited
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