Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lifeplan Australia Friendly Society Ltd v Woff [2013] FCA 613 Citation: Lifeplan Australia Friendly Society Ltd v Woff [2013] FCA 613
Parties: LIFEPLAN AUSTRALIA FRIENDLY SOCIETY LTD ACN 087 649 492 and FUNERAL PLAN MANAGEMENT PTY LTD ACN 003 769 640 v NOEL WOFF, RICHARD CORBY and FUNERAL PLANNING AUSTRALIA PTY LTD ACN 050 727 015 and ANCIENT ORDER OF FORESTERS IN VICTORIA FRIENDLY SOCIETY LIMITED
File number: SAD 99 of 2012
Judge: BESANKO J
Date of judgment: 21 June 2013
Corrigendum: 21 June 2013
Catchwords: PRACTICE AND PROCEDURE – application to join proposed fourth respondent – application to remove matter from Fast Track list – first, second and third respondents opposed application – proposed fourth respondent neither consented nor opposed application – application filed late in the proceedings – whether joinder should be allowed pursuant r 9.05(1)(b)(ii) and (iii) of the Federal Court Rules 2011 – significance of the risk of two trials, inconsistent findings of fact and additional costs. PLEADINGS – application to file and serve draft Statement of Claim – proposed fourth respondent opposed application – whether paragraphs were irrelevant and embarrassing – whether there were insufficient particulars – whether applicants were able to make a claim for a declaration of contravention against the proposed fourth respondent under s 1317E of the Corporations Act 2001 (Cth). COSTS – application for costs thrown away. Held: The applicants be granted leave to join the proposed fourth respondent. The proceeding be removed from the Fast Track list and the matter proceed on pleadings. The applicants to prepare draft orders consistent with these reasons and the relevant time limits for various steps. The applicants to pay the first, second and third respondents' costs thrown away. Legislation: Constitution (Cth) ss 76(ii), 77(i) Corporations Act 2011 (Cth) ss 9, 79, 180, 181, 182, 183, 1317DA, 1317E, 1317F, 1317G, 1317H, 1317J, 1317K, 1317L, 1337B Copyright Act 1968 (Cth) ss 31, 32, 119 Federal Court of Australia Act 1976 (Cth) ss 21, 37M Federal Court Rules 2011 rr 9.05(1), 40.13 Judiciary Act 1903 (Cth) s 39B
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