Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2021] FCA 1193 File number(s): VID 556 of 2020
Judgment of: ROFE J
Date of judgment: 5 October 2021
Catchwords: PRACTICE AND PROCEDURE – application to strike out parts of Further Amended Statement of Claim (FASOC) – whether parts of FASOC are ambiguous, likely to cause prejudice, embarrassment or delay, or fail to disclose a reasonable cause of action
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: ASIC v AGM Markets Pty Ltd (in liquidation) (No 3) [2020] FCA 208 Barclay Mowlem Construction Ltd v Dampier Port Authority [2006] WASC 281 Gall v Domino's Pizza Enterprises Limited (No 2) [2021] FCA 345 Granite Transformations Pty Ltd v Apex Distributions Pty Ltd [2018] FCA 725 Sherrin Hire Pty Ltd v Sherrin Rentals [2015] FCA 1107 Thompson v STX Pan Ocean Co Ltd [2012] FCAFC 15
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 111
Date of hearing: 6 September 2021
Counsel for the Plaintiff: P W Collinson QC with S H Parmenter QC, P G Liondas and F L Shand
Solicitor for the Plaintiff: Webb Henderson
Counsel for the Defendant: F M McLeod SC with J S Graham QC and K Burke
Solicitor for the Defendant: Gilbert + Tobin
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