Federal Court of Australia
Federal Court of Australia
Universal Music Publishing Pty Ltd v Palmer [2020] FCA 1472 File number: NSD 161 of 2019
Judgment of: KATZMANN J
Date of judgment: 12 October 2020
Date of publication of reasons: 13 October 2020
Catchwords: PRACTICE AND PROCEDURE — application by respondent on the eve of a trial for the hearing dates to be vacated — where arrangements had been made for hearing to take place through video conferencing software during COVID-19 pandemic — where remote trial protocol has been agreed — where witnesses are in disparate locations in Australia and overseas and all the respondent's witnesses are in Queensland — where the application is based on the possibility that the Queensland/NSW border will be opened in the near future — where trial preparation is under way, the applicants oppose the application, the respondent's credit is a significant issue and he consents to paying the applicants' costs forthwith and on an indemnity basis, whether in the interests of justice to grant the adjournment
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 47A(1) Federal Court Rules 2011 (Cth) r 1.32
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Australian Securities and Investments Commission v GetSwift Limited [2020] FCA 504 Australian Securities and Investments Commission v Wilson [2020] FCA 873; 146 ACSR 149 Bomanite Pty Ltd v Slatex Corp Aust Pty Limited (1991) 32 FCR 379 Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) (2009) 181 FCR 152 Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 Jarvie v The Magistrates' Court of Victoria at Brunswick [1995] 1 VR 84 R v Ngo (2003) 57 NSWLR 55 Rooney v AGL Energy Limited (No 2) [2020] FCA 942 Tetley v Goldmate Group Pty Ltd [2020] FCA 913
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