Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mijac Investments Pty Ltd v Graham [2013] FCA 296 Citation: Mijac Investments Pty Ltd v Graham [2013] FCA 296
Parties: MIJAC INVESTMENTS PTY LTD (ACN 089 820 280) v WILLIAM GRAHAM, COSMICK PTY LTD (ACN 065 356 149) and MELBOURNE GRAVITY PTY LTD (ACN 490 584 339)
File number: VID 635 of 2009
Judge: TRACEY J
Date of judgment: 18 March 2013
Catchwords: PRACTICE AND PROCEDURE – application to set aside certain decisions of the Court – whether orders should be set aside where allegedly not entered – whether orders should be set aside where allegedly interlocutory in nature – whether orders should be set aside in light of alleged new evidence relating to material on Court file – whether guidance of the Court in relation to service misleading – order for costs sought against solicitor for applicant – consideration of principles relevant to costs orders against practitioners – consideration of ss 37M and 37N of Federal Court of Australia Act 1976 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) – ss 25, 37M, 37N Federal Court Rules 1979 (Cth) – O 4 r 14, O 35 r 7 Federal Court Rules 2011 (Cth) – rr 39.05, 39.04
Cases cited: Jorgensen v Australian Securities and Investments Commission [2004] FCA 990 – referred to Jorgensen v Slater and Gordon Pty Ltd [2009] HCASL 195 – referred to Mijac Investments Pty Ltd (ACN 084 820 280) v Graham [2010] FCA 87 – considered Mijac Investments Pty Ltd (ACN 084 820 280) v Graham (No 2) [2009] FCA 773 – referred to Mijac Investments Pty Ltd (ACN 084 820 280) v Graham [2010] FCA 895 – cited, considered Mijac Investments Pty Ltd (ACN 084 820 280) v Graham [2010] FCA 896 – cited, considered Modra v Victoria (Department of Education and Early Childhood Development and Department of Human Services) (2012) 205 FCR 445 – considered, followed Venus Adult Shops Pty Ltd v Fraserside Holdings Ltd (No 2) (2007) 239 ALR 724 – cited White Industries (Qld) Pty Ltd v Flower and Hart (a firm) (1998) 156 ALR 169 – considered
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