Federal Court of Australia
Federal Court of Australia
Parke v Rubenstein [2020] FCA 1466 File number: SAD 12 of 2020
Judgment of: BESANKO J
Date of judgment: 14 October 2020
Catchwords: PRACTICE AND PROCEDURE — Interlocutory application for an order giving effect to the applicant's acceptance of an offer made by the third respondent pursuant to rule 25.01 of the Federal Court Rules 2011 (Cth) — where the applicant had previously rejected the offer before then accepting it within the timeframe set out in the Notice of offer to compromise — whether rejection of an offer brings the offer to an end — common law rules relating to offer and acceptance do not apply to Pt 25 of the Rules — whether the Court should exercise its discretion under rule 25.10 to refuse to make an order — whether the Court should exercise the general power under rule 1.34 to dispense with compliance with the Rules
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court Rules 2011 (Cth) rr 1.34, 25.01, 25.02, 25.03, 25.05, 25.07, 25.08, 25.09, 25.10
Cases cited: Berowra Holdings Pty Ltd v Gordon [2006] HCA 32; (2006) 225 CLR 364 Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61; (2001) 53 NSWLR 153 Nationwide News Pty Ltd v Vass [2018] NSWCA 259; (2018) 98 NSWLR 672
Division: General Division
Registry: South Australia
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 29
Date of hearing: 17 September 2020
Counsel for the Applicant: Mr P Heywood-Smith QC
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