Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Miller v CIMIC Group Limited (formerly 'Leighton Holdings Limited') [2015] FCA 587 Citation: Miller v CIMIC Group Limited (formerly 'Leighton Holdings Limited') [2015] FCA 587
Parties: ANDREW MILLER v CIMIC GROUP LIMITED (FORMERLY 'LEIGHTON HOLDINGS LIMITED') ACN 004 482 982 and THIESS PTY LTD ACN 010 221 486
File number: QUD 304 of 2015
Judge: REEVES J
Date of judgment: 28 May 2015
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 – consideration of whether no reasonable prospects of success – consideration of whether an abuse of process – where proceedings already transferred to Federal Circuit Court – where similar complaint sought to be litigated in more than one court – where collateral attack on as yet unmade decision of court
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Fair Work Act 2009 (Cth)
Cases cited: Australian Securities and Investments Commission v Cassimatis (2013) 220 FCR 256; [2013] FCA 641 Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275 Stergiou v McGrail (unreported, Federal Court of Australia, Burchett, Ryan and Gummow JJ, 22 April 1994) Walton v Gardiner (1993) 177 CLR 378 Williams v Hunt [1905] 1 KB 512
Date of hearing: 28 May 2015
Place: Brisbane
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