Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taylor v Killer Queen LLC [2020] FCA 444 File number: NSD 1774 of 2019
Judge: MARKOVIC J
Date of judgment: 7 April 2020
Catchwords: PRACTICE AND PROCEDURE – application for an order pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) that all issues of liability be heard separately from and prior to all other issues in the proceeding – whether just and convenient to make the order – whether the order will contribute to a saving in time and costs – whether there will be any overlap between the evidence adduced in relation to liability and quantum and the effect of such an overlap – whether the order will increase prospects of settlement – application allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Trade Marks Act 1995 (Cth) ss 44, 88, 62A, 120, 122, 124, 126 Federal Court Rules 2011 (Cth) r 30.01 Federal Court Rules 1979 (Cth) O 29 r 2 (repealed)
Cases cited: ABB v Freight Rail [1999] NSWSC 1037 Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd (No 3) [2017] FCA 60 DC Comics v Cheqout Pty Ltd (2013) 212 FCR 194 Fleming's Nurseries Pty Ltd v Hannaford [2008] FCA 591 Hard Coffee Pty Ltd v Hard Coffee Mainbeach Pty Ltd [2009] ATMO 26; [2009] AIPC 92-343 Reading Australia Pty Ltd v Australian Mutual Provident Society (1999) 240 FCR 276
Date of hearing: 20 March 2020
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
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