Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jackel International Limited v Jackel Pty Limited [2012] FCA 206 Citation: Jackel International Limited v Jackel Pty Limited [2012] FCA 206
Parties: JACKEL INTERNATIONAL LIMITED, SANGENIC INTERNATIONAL LIMITED and MAYBORN ANZ PTY LTD (ACN 154 703 134) v JACKEL PTY LIMITED (ACN 128 984 707), JACKEL TRADE MARKS PTY LTD (ACN 128 984 690) and JACKEL ANZ PTY LIMITED (ACN 133 251 546)
File number: VID 1467 of 2011
Judge: NORTH J
Date of judgment: 16 February 2012
Date of hearing: 16 February 2012
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 11
Counsel for the Applicants: Ms E Strong SC with Mr L A Merrick
Solicitor for the Applicants: Corrs Chambers Westgarth
Counsel for the Respondents: Ms J Baird SC
Solicitor for the Respondents: Chrysiliou Lawyers
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1467 of 2011
BETWEEN: JACKEL INTERNATIONAL LIMITED
First Applicant
SANGENIC INTERNATIONAL LIMITED
Second Applicant
MAYBORN ANZ PTY LTD (ACN 154 703 134)
Third Applicant
AND: JACKEL PTY LIMITED (ACN 128 984 707)
First Respondent
JACKEL TRADE MARKS PTY LTD (ACN 128 984 690)
Second Respondent
JACKEL ANZ PTY LIMITED (ACN 133 251 546)
Third Respondent
JUDGE: NORTH J DATE OF ORDER: 16 FEBRUARY 2012 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The proceeding no longer be conducted in accordance with the Fast Track Directions. 2. Notwithstanding paragraph 1, the Amended Application, Amended Fast Track Statement, Response, Notice of Cross-claim and Fast Track Cross-claim filed in the proceeding stand in lieu of pleadings. 3. The Applicants/Cross-respondents file and serve their defence to cross claim (such defence to comply with CM 8, paragraph [4.5]) and any reply by 20 February 2012. 4. The Cross-claimants file and serve any reply to the defence to cross-claim by 27 February 2012. 5. The evidence in chief in the proceeding be given by way of affidavits. 6. By 20 March 2012 the parties file and serve an affidavit of documents in the following categories: (a) documents on which a party intends to rely; and (b) documents that have significant probative value adverse to a party's case. 7. By 27 March 2012 the parties provide inspection. 8. The Applicants file and serve the evidence on which they intend to rely in support of the claim by 11 April 2012. 9. The Respondents and Cross-claimants file and serve the evidence on which they intend to rely in answer on the claim and in support of the cross-claim by 22 May 2012. 10. The Applicants file and serve the evidence on which they intend to rely in reply on the claim and in answer on the cross-claim by 19 June 2012. 11. The directions hearing is adjourned to 25 June 2012 at 10.15 am. 12. The Respondents file and serve the evidence on which they intend to rely in reply on the cross-claim by 10 July 2012. 13. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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