Thunder Studios Inc (California) v Kazal (No 9) [2020] FCA 846

FEDERAL COURT OF AUSTRALIA

Thunder Studios Inc (California) v Kazal (No 9) [2020] FCA 846 File number(s): NSD 850 of 2014

Judge(s): RARES J

Date of judgment: 22 May 2020

Catchwords: PRACTICE AND PROCEDURE – interlocutory application under r 30.11 of the Federal Court Rules 2011 – where parties engaged in a farrago of litigation, including two sets of proceedings currently before another judge of the Federal Court of Australia – where respondents sought orders that proceeding be transferred to that judge's docket or stayed until other proceedings decided – where respondents in this proceeding had no defence to applicants' claims – where both other proceedings commenced later in time, concerned mostly unrelated issues and other parties – where respondents commenced one of other proceedings without informing their solicitor of this proceeding – whether there would be a risk of inconsistent findings or judgments if all proceedings were managed separately or current proceeding were not stayed – whether transfer or stay would further overarching purpose of s 37M of the Federal Court of Australia Act (1976) – application dismissed PRACTICE AND PROCEDURE – r 16.07 of the Federal Court Rules 2011 – where defence of first respondent had been struck out – whether r 16.07(2) deemed first respondent to admit allegations in absence of defence – r 16.07 applies

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, s 18 Federal Court of Australia Act 1976 (Cth), Pt VB, s 37P, s 37M Federal Court Rules 1979, O. 11 r 13 Federal Court Rules 2011, r 16.07, r 16.32, r 16.33, r 30.11