Jones v Virgin Australia Airlines Pty Ltd [2021] FCA 1054

Federal Court of Australia

Jones v Virgin Australia Airlines Pty Ltd [2021] FCA 1054 File number: NSD 1059 of 2020

Judgment of: SNADEN J

Date of judgment: 31 August 2021

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to transfer proceeding to Federal Circuit Court of Australia – application to transfer proceeding made by applicant – delay in making application – whether transfer in the interests of justice – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 32AB Federal Court of Australia Rules 2011 (Cth) r 27 Convention for the Unification of Certain Rules for International Carriage by Air, opened for signature 28 May 1999, 2242 UNTS 309 (entered into force 4 November 2003)

Division: General Division

Registry: New South Wales

National Practice Area Other Federal Jurisdiction

Number of paragraphs: 10

Date of hearing: 30 August 2021

Counsel for the Applicant: Mr T. Driscoll (solicitor)

Solicitor for the Applicant: BPC Law

Counsel for the Respondent: Ms C. Cheng (solicitor)

Solicitor for the Respondent: HWL Ebsworth

ORDERS NSD 1059 of 2020

BETWEEN: LACHLAN JONES Applicant

AND: VIRGIN AUSTRALIA AIRLINES PTY LTD Respondent

order made by: SNADEN J DATE OF ORDER: 31 AUGUST 2021

THE COURT ORDERS THAT:

1. The applicant's oral interlocutory application of 30 August 2021 be dismissed. 2. By 4:00 pm on 13 September 2021, the respondent file and serve an amended defence. 3. By 4:00 pm on 27 September 2021, the applicant file and serve the lay witness statements on which he intends to rely. 4. By 4:00 pm on 29 October 2021, the respondent file and serve any witness statements in reply. 5. The matter be adjourned to a case management hearing to take place on a date to be fixed (but not before 16 November 2021). 6. The parties have liberty to apply on three days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.