Halpern v BWA Group Services Pty Ltd [2013] FCA 673

FEDERAL COURT OF AUSTRALIA

Halpern v BWA Group Services Pty Ltd [2013] FCA 673 Citation: Halpern v BWA Group Services Pty Ltd [2013] FCA 673

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

File number: SAD 129 of 2012

Judge: BESANKO J

Date of judgment: 10 July 2013

Catchwords: PRACTICE AND PROCEDURE – application by applicant to adjourn the trial – where trial previously adjourned – where applicant seeks time to raise funds to pay for legal representation – whether there was good reason for the Court to exercise the discretion to adjourn the trial – whether the respondents would be prejudiced. COSTS – application by respondents for the Court to fix a lump sum for costs pursuant to r 40.02 of the Federal Court Rules 2011 (Cth) – application for the costs previously ordered on 3 June 2013 to be payable immediately – whether the Court should depart from r 40.13 of the Federal Court Rules 2011 (Cth) that provides interlocutory costs are not payable until the proceeding is finalised. Held: The applicant's application to adjourn the trial be refused. The respondent's application for costs fixed in a lump sum and to be payable immediately be refused.

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 40.02, 40.13

Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Life Airbag Company of Australia Pty Limited and Ors v Life Airbag Company (New Zealand) Limited and Ors (unreported 22 May 1998, Federal Court of Australia, Branson J) McKellar v Container Terminal Management Services Limited [1999] FCA 1639 Rafferty and Others v Time 2000 West Pty Ltd (ACN 127 893 270) and Others (No 3) (2009) 257 ALR 503