Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2012] FCA 558

FEDERAL COURT OF AUSTRALIA

Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2012] FCA 558 Citation: Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2012] FCA 558

Parties: OPTIVER AUSTRALIA PTY LTD and OPTIVER TRADING PTY LTD ACN 123 177 971 v TIBRA TRADING PTY LTD AND OTHERS (ACCORDING TO THE SCHEDULE)

File number: NSD 681 of 2009

Judge: RARES J

Date of judgment: 24 May 2012

Catchwords: PRACTICE AND PROCEDURE – order for reference – power of Court under s 54A(1) of the Federal Court of Australia Act 1976 (Cth) to refer the whole or a part of proceedings to a referee for inquiry and report – construction of Court's statutory discretion to exercise power to refer – where one party does not consent to the reference- where estimated length of hearing expands beyond earlier estimates given by parties – where issues in the proceedings are highly complex and technical – where substantial portion of evidence will be subject to claims of confidentiality – where allegations of fraud Held: Court's discretion to order a reference as an alternative mode of trial pursuant to s 54A(1) of the Federal Court of Australia Act is to be exercised in accordance with the overriding purpose of the civil practice and procedure provisions pursuant to s 37M; to facilitate the just resolution of disputes according to law, as quickly, inexpensively and efficiently as possible – no general entitlement for litigants to have a judge decide all issues of fact or law in a matter

Legislation: Copyright Act 1968 (Cth) Federal Court of Australia Act 1976 (Cth) ss 17(4), 37M, 39, 40, 50, 54A(1), 54B Federal Court Rules 2011 (Cth) Div 28.6, rr 28.65(1), 28.65(2) and (3), 28.65(4) 28.65(7), 28.65(8), 28.66, 28.67(1), 28.67(2)