Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hundy v Kashan, in the matter of ACT Land Pty Ltd (in liquidation) [2020] FCA 1101 File number: ACD 28 of 2019
Judge: GRIFFITHS J
Date of judgment: 3 August 2020
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment under rule 26.01(1)(e) of the Federal Court Rules 2011 (Cth) – whether Court could be satisfied that the respondents have no reasonable prospect of successfully defending the proceeding – application dismissed, with costs PRACTICE AND PROCEDURE – whether solicitor appearing as advocate or witnesses – election by solicitor to do the former PRACTICE AND PROCEDURE – whether respondent companies should be permitted to be represented by a person who is not a qualified legal practitioner – leave granted
Legislation: Corporations Act 2011 (Cth), ss 9, 180, 181, 182, 588FB, 588FDA, 588FE(6A), 588FF Federal Court of Australia Act 1976 (Cth), s 31A(2) Federal Court Rules 2011 (Cth), rule 26.01(1)(e) Legal Profession (Solicitors) Conduct Rules 2015 (ACT), rule 27
Cases cited: Australian Securities and Investments Commission v Cassimatis [2013] FCA 641; 220 FCR 256 Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd [2006] FCA 1352; 236 ALR 720 Buurabalayja Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 2) [2018] FCA 978 Crowe-Maxwell v Frost [2016] NSWCA 46; 91 NSWLR 414 D Pty Ltd (in liq) v Calas (Trustee), in the matter of D Pty Ltd (in liq) [2016] FCA 1409 Enviro Pak Pty Ltd v New Horticulture Pty Ltd [2013] FCA 306 In the Estate of Shirley Eileen Kendall [2020] ACTSC 42 R v Secretary of State for India in Council; Ex parte Ezekiel [1941] 2 KB 169 Sheahan v Northern Australia Land & Agency Co Pty Ltd (1994) 176 LSJS 257 Smith v Starke, in the matter of Action Paintball Games Pty Ltd (in liq) (No 2) [2015] FCA 1119; 109 ACSR 145 Vasudevan v Becan Constructions (Australia) Pty Ltd [2014] VSCA 14; 41 VR 445 Wang v Anying Group Pty Ltd [2009] FCA 1500 Weaver v Harburn [2014] WASCA 227; 103 ACSR 416
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