Federal Court of Australia
Federal Court of Australia
Camm Cattle Company Pty Ltd v Acumen Finance Pty Ltd [2021] FCA 1225 File number(s): QUD 321 of 2020
Judgment of: DOWNES J
Date of judgment: 11 October 2021
Catchwords: PRACTICE AND PROCEDURE – determination of objection to tender of affidavit at trial where deponent will not be available for cross-examination – where deponent is mentally unable to attend the trial – whether affidavit is admissible hearsay pursuant to s 63(2) Evidence Act 1995 (Cth) – where no notice was given pursuant to s 67(1) Evidence Act 1995 (Cth) – where party was aware that deponent would not be available for cross-examination and the reasons – requirements of s 67(1) Evidence Act 1995 (Cth) dispensed with pursuant to r 1.34 Federal Court Rules 2011 (Cth) – direction given pursuant to s 67(4) Evidence Act 1995 (Cth).
Legislation: Federal Court Rules 2011 (Cth) rr 1.34, 30.29 Evidence Act 1995 (Cth) ss 4, 59, 63, 67, 192
Cases cited: Tarrant v Statewide Secured Investments Pty Ltd (2012) 128 ALD 290; [2012] FCA 582
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 54
Date of hearing: 8 October 2021
Counsel for the Applicants: Mr P Somers
Solicitor for the Applicants: Bennett & Philp Lawyers
Counsel for the Respondent: Ms M Bateman
Solicitor for the Respondent: Davis Lawyers
Table of Corrections
22 October 2021 In the second sentence of paragraph 2, "filed 19 October 2021" has been replaced with "filed 19 October 2020".
ORDERS QUD 321 of 2020
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate