Federal Court of Australia
Federal Court of Australia
Oberix Group Pty Ltd v Atkinson [2021] FCA 1259 File number: WAD 256 of 2020
Judgment of: JACKSON J
Date of judgment: 14 October 2021
Catchwords: PRACTICE AND PROCEDURE - application to transfer proceedings from the Western Australian Registry to the Queensland Registry - application made prematurely - relevance of national character of Federal Court of Australia - application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 47A, 47B, 48 Federal Court Rules 2011 (Cth) r 24.13
Cases cited: Australian Competition and Consumer Commission v Australian Egg Corporation Limited [2014] FCA 1010 Baxendale's Vineyard Pty Ltd v The Geographical Indications Committee [2007] FCA 22; (2007) 156 FCR 444 National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 Plankton Australia Pty Ltd v Rainstorm Dust Control Pty Ltd [2017] FCA 1616
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 33
Date of hearing: 14 October 2021
Counsel for the Plaintiff: Mr NDC Dillon
Solicitor for the Plaintiff: Sonia Edwards Legal
Counsel for the First Defendant: Mr LV Amerena
Solicitor for the First Defendant: Broadley Rees Hogan Lawyers
Counsel for the Second Defendant: The second defendant did not appear
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