Federal Court of Australia
Federal Court of Australia
Woods, in the matter of T & F.S. Woods Pty Ltd v Woods [2021] FCA 1220 File number: QUD 441 of 2019
Judgment of: DERRINGTON J
Date of judgment: 5 October 2021
Date of publication of reasons: 8 October 2021
Catchwords: PRACTICE AND PROCEDURE – application for release of implied undertaking in respect of affidavits filed in proceedings – whether affidavits were subject to implied undertaking – whether affidavits were filed voluntarily – where Federal Court (Corporations) Rules 2000 (Cth) required originating process to be supported by affidavit – declaration made that leave not required to use affidavits
Legislation: Federal Court (Corporations) Rules 2000 (Cth) rr 2.2, 2.4
Cases cited: Central Queensland Cement Pty Ltd v Hardy [1989] 2 Qd R 509 Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Frigger v Trenfield (No 5) [2020] FCA 827 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125 Helicopter Aerial Surveys Pty Ltd v Robertson [2015] NSWSC 2104 Leagou Pty Limited v Commissioner of Taxation [2020] FCA 1162 Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283 Medway v Doublelock Ltd [1978] 1 WLR 710 R v Silverstein [2020] VSCA 233 Re Addstone Pty Ltd (in liq); Ex parte Macks (1998) 30 ACSR 156 Roufeil v Fiore, in the matter of the Bankrupt Estate of Peter Andrew Fiore (No 4) [2020] FCA 1458 Sinnott v Chief of Defence Force [2020] FCA 643
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