Kadam v MiiResorts Group 1 Pty Ltd (No 4) [2017] FCA 1139

FEDERAL COURT OF AUSTRALIA

Kadam v MiiResorts Group 1 Pty Ltd (No 4) [2017] FCA 1139 File numbers: QUD 528 of 2016 QUD 147 of 2017

Judge: LEE J

Date of judgment: 12 September 2017

Catchwords: PRACTICE AND PROCEDURE – referees –consideration of appointment of referee in accordance with s 54A of the Federal Court of Australia Act 1976 (Cth) to report in relation to the domestic law of the Republic of India – discussion of the history and importance of references in commercial causes – where appointment of referee will assist in determining the rights and duties of a statutory body under foreign law – where appointment of referee opposed by one party – where the appointment of a referee is consistent with the overarching purpose pursuant to s 37M of the Federal Court of Australia Act 1976 (Cth) – order for the appointment of a referee to be made

Legislation: Constitution Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth) Evidence Act 1995 (Cth), s 131, 144 Federal Court of Australia Act 1976 (Cth), Pt VB, Pt IVA, ss 33ZF, 37M, 37M(1), 37M(2), 37M(2)(a), 37M(2)(b), 37M(2)(c), 37M(2)(d), 37M(2)(e), 37M(3), 37N, 37P(2), 54A, s 54A(1)(a) Federal Justice System Amendment (Efficiency Measures) Act 2009 (Cth) Insurance Contracts Act 1984 (Cth) Federal Court Rules 2011 (Cth), rr 28, 28.66 Arbitration Act 1892 (NSW) Civil Procedure Act 2005 (NSW), ss 56, 57, 58 Civil Procedure Act 2010 (Vic), ss 7, 8 Court Procedure Act 2004 (ACT), s 5A Court Procedures Rules 2006 (ACT), r 21 Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 1.14 Supreme Court Civil Rules 2006 (SA), r 3 Supreme Court Rules (NT), r 1.10 Supreme Court Rules 1970 (NSW), Pt 72 Uniform Civil Procedure Rules 1999 (Qld), r 5 Federal Rules of Civil Procedure (US), r 1 Civil Procedure Rules 1998 (UK), r 1.1 Common Law Procedure Act 1854 (UK), s 3 Chancery Amendment Act 1858 (UK) Supreme Court of Judicature Act 1873 (UK), s 56