Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Registrar of Aboriginal and Torres Strait Islander Corporations v Kerkhoffs (No 2) [2013] FCA 1446 Citation: Registrar of Aboriginal and Torres Strait Islander Corporations v Kerkhoffs (No 2) [2013] FCA 1446
Parties: REGISTRAR OF ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS v LEIGH LYNETTE KERKHOFFS ALSO KNOWN AS LEIGH LYNETTE CRAIGIE
File number: QUD 367 of 2013
Judge: LOGAN J
Date of judgment: 22 November 2013
Catchwords: PRACTICE AND PROCEDURE – application for re-opening under r 39.04 of the Federal Court Rules 2011 (Cth) – effect of judgment before entry – altering judgment – erroneous submission in law advanced – collective error of Counsel and Court – whether exceptional circumstances warrant variation of orders earlier made Held: principal (original) judgment to stand
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Corporations Act 2001 (Cth) s 206C Federal Court Rules 2011 (Cth) r 39.04
Cases cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 considered Davis v Insolvency and Trustee Service Australia (No 2) (2011) 190 FCR 437 applied Robinson v Bird [2003] EWCA Civ 1820 considered
Date of hearing: 22 November 2013
Place: Brisbane (via telephone link to Melbourne)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: Mr D de Jersey
Solicitor for the Applicant: Minter Ellison
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