Halpern v BWA Group Services Pty Limited [2013] FCA 365

FEDERAL COURT OF AUSTRALIA

Halpern v BWA Group Services Pty Limited [2013] FCA 365 Citation: Halpern v BWA Group Services Pty Limited [2013] FCA 365

Parties: MIRIAM HALPERN v BWA GROUP SERVICES PTY LTD and JEREMY TOWNEND

File number: SAD 129 of 2012

Judge: MANSFIELD J

Date of judgment: 15 April 2013

Date of hearing: 15 April 2013

Place: Adelaide

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 11

Counsel for the Applicant: K Clark

Solicitor for the Applicant: Rossi Legal

Counsel for the Respondents: R Doyle and E Holt

Solicitor for the Respondents Freehills

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 129 of 2012

BETWEEN: MIRIAM HALPERN

Applicant

AND: BWA GROUP SERVICES PTY LTD

First Respondent

JEREMY TOWNEND

Second Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 15 APRIL 2013 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The applicant file and serve a Further Amended Statement of Claim by 15 April 2013 in the form attached to the affidavit of Linda Appelbee sworn 8 April 2012. 2. The respondents file and serve an Amended Defence by 13 May 2013. 3. The respondents have liberty to file and serve, by 13 May 2013, any affidavits from new witnesses, the calling of which is necessitated by the amendments in the Further Amended Statement of Claim. 4. The respondents have leave at the trial to adduce, by way of oral evidence, further evidence in chief from any witnesses in respect of whom the respondent has already filed and served affidavits, where such further oral evidence is necessitated by the amendments in the Further Amended Statement of Claim. 5. The applicant advise the respondents by 19 April 2013 which paragraphs or parts of the affidavit of the applicant sworn 5 November 2012 that the applicant no longer seeks to rely upon, as referred to in paragraphs 12.1 and 12.2 of the affidavit of Linda Appelbee sworn 8 April 2013. 6. The applicant file and serve by 19 April 2013 any supplementary affidavit on which she wishes to rely, and that any supplementary affidavit be restricted to the matters set out in paragraph 12.3 of the affidavit of Linda Appelbee sworn 8 April 2013. 7. The respondent file and serve any material in reply to the applicant's supplementary affidavit by 13 May 2013. 8. The applicant file and serve an affidavit of Dr Hsu-En Lee by 19 April 2013. 9. The respondents inform the applicant by 24 April 2013 whether the respondents require her to attend a medical assessment by a medical practitioner nominated by them. 10. If the respondents make the notification in Order 9, the applicant make herself available for such an assessment between 26 April 2013 and 10 May 2013. 11. The respondents file any expert evidence by 20 May 2013. 12. The respondents provide further discovery by 30 April 2013. 13. The applicant pay the respondents' costs consequent upon the amendment of the Amended Statement of Claim and the costs thrown away (which includes the costs of today's hearing). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.