Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lifeplan Australia Friendly Society Ltd v Woff [2014] FCA 559 Citation: Lifeplan Australia Friendly Society Ltd v Woff [2014] FCA 559
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, 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: 30 May 2014
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend Statement of Claim – application for standard discovery and particular discovery – differences between r 20.21 of the Federal Court Rules 2011 (Cth) and O 15, r 8 of the Federal Court Rules 1979 (Cth) – whether orders for discovery should be made against company in liquidation – whether orders for particular discovery should be made – where previous order for discovery said not to have been complied with – where documents said to be required to prepare expert evidence as to account of profits. Held: Application for leave to amend Statement of Claim granted and orders for standard discovery against company in liquidation and particular discovery against other respondents to be made.
Legislation: Federal Court Rules 1979 (Cth) O 15, r 8 Federal Court Rules 2011 (Cth) rr 20.11, 20.14, 20.21 Life Assurance Act 1995 (Cth)
Dates of hearing: 4, 12 March 2014
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