Federal Court of Australia
Federal Court of Australia
Neilsen v Neilsen [2021] FCA 76 File number: NSD 1348 of 2020
Judgment of: LEE J
Date of judgment: 29 January 2021
Catchwords: PRACTICE AND PROCEDURE – application by all parties to transfer proceeding from New South Wales Registry to Queensland Registry pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) – relevance of the National Court Framework and national character of the Court – exercise of discretion subject to overarching purpose provisions of Federal Court of Australia Act 1976 (Cth) – exercise of discretion consistently with the overarching purpose of the civil practice and procedure provisions not in favour of transfer – application dismissed
Legislation: Corporations Act 2001 (Cth) s 233 Federal Court of Australia Act 1976 (Cth) ss 37M, 48
Cases cited: Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 Plankton Australia Pty Limited v Rainstorm Dust Control Pty Limited [2017] FCA 1616
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 15
Date of hearing: 29 January 2021
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