Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v GetSwift Limited [2020] FCA 504 File number: VID 146 of 2019
Judge: LEE J
Date of judgment: 9 April 2020
Catchwords: PRACTICE AND PROCEDURE – application by defendants for adjournment of trial – where trial proposed to be conducted by video conferencing software in circumstances of COVID-19 pandemic – where two defendants located in New York and cannot travel – where a large number of witnesses are proposed to be called and cross examined – whether Court will be deprived of ability to assess credibility of witnesses who give evidence by video – whether prejudice occasioned by counsel not being in close proximity to instructing solicitors and fellow counsel – whether virtual trial would be "second-rate" – whether prejudice would be occasioned by lengthy delay in the commencement of the trial – consideration of seriousness of civil penalty proceedings – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Evidence Act 1995 (Cth) s 144 Special Measures in Response to COVID-19 (SMIN-1)
Cases cited: JKC Australia LNG Pty Ltd v CH2M Hill Companies Ltd [2020] WASCA 38 Webb v GetSwift Limited (No 5) [2019] FCA 1533
Date of hearing: 9 April 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
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