Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McAlister v State of New South Wales [2014] FCA 702 Citation: McAlister v State of New South Wales [2014] FCA 702
Parties: PAUL LESLIE MCALISTER BY HIS LITIGATION REPRESENTATIVE NSW TRUSTEE & GUARDIAN v STATE OF NEW SOUTH WALES, AVIBIN PTY LTD (ACN 2669267) and ADRIAN ALAN POWELL
File number: NSD 1968 of 2013
Judge: EDMONDS J
Date of judgment: 3 July 2014
Catchwords: PRACTICE AND PROCEDURE – application by non-party for joinder under r 9.05, in the alternative r 1.32, of Federal Court Rules 2011 – whether power exists – no application to intervene but relevant principles on application for intervention under r 9.12 considered – consideration of merits of present application if power of joinder exists – joinder refused
Legislation: Federal Court of Australia Act 1975 (Cth) s 37M Federal Court Rules 2011 rr 1.32, 9.05, 9.12 Federal Court Rules O 6 r 8 Uniform Civil Procedure Rules 2005 (NSW) r 6.24
Cases cited: Sensis Pty Ltd v Bivami Pty Ltd [2012] FCA 1365
Date of hearing: 25 June 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 34
Counsel for the Applicant on the application: Mr JE Sexton SC with Mr DA Lloyd
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