Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2019] FCA 1284 File number: QUD 445 of 2019
Judge: ALLSOP CJ
Date of judgment: 15 August 2019
Date of publication of reasons: 16 August 2019
Catchwords PRACTICE AND PROCEDURE – approach to case management in the context of statutory unconscionability – procedure informed by techniques of equity – presentation of facts and grievances in narrative form – potential inappropriateness of statement of claim – proper use of concise statement – litigation good faith and Pt VB of the Federal Court of Australia Act 1976 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB
Cases cited: Jenyns v Public Curator [1953] HCA 2; 90 CLR 113 The Juliana [1822] EngR 235; 2 Dods 504; 165 ER 1560
Date of hearing: 15 August 2019
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 16
Counsel for the Plaintiff: Mr S Couper QC with Ms C Schneider
Solicitor for the Plaintiff: Australian Government Solicitor
Counsel for the Defendant: Dr M Collins QC with Ms C van Proctor
Solicitor for the Defendant: Ashurst
ORDERS QUD 445 of 2019
BETWEEN: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION Plaintiff
AND: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED Defendant
JUDGE: ALLSOP CJ DATE OF ORDER: 15 AUGUST 2019
THE COURT ORDERS THAT:
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