Hillier v Martin (No 8) [2021] FCA 1272

Federal Court of Australia

Hillier v Martin (No 8) [2021] FCA 1272 File number: SAD 113 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 19 October 2021

Catchwords: PRACTICE AND PROCEDURE – party in default of orders requiring the filing of a defence –defaulting party failing to apply for extensions of time before previous deadlines passed – defaulting party subject to a self-executing order limiting defaulting party's participation in the trial if no application for an extension of time made in accordance with an order of the Court – no adequate explanation for past defaults – application of s 37M(3) of the Federal Court of Australia Act 1976 (Cth) – consideration of the outcome that best promotes the overarching purpose of the Court's civil practice and procedure provisions – consideration of the interests affected by the Court's orders in circumstances where the defaulting party is a trustee company – defaulting party denied relief PRACTICE AND PROCEDURE – application for an order restraining a person from acting as a company's lawyer in a proceeding – person enrolled as a practitioner of a court of a State – person not holding a current practising certificate – meaning of the word "lawyer" as defined in s 4 of the Federal Court of Australia Act 1976 (Cth) – person having personal pecuniary interest in the outcome of the proceedings – person having conflict of professional duties and personal interests – application allowed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 4, 23, 37M, 37N, 37P, 43 Federal Court Rules 2011 (Cth) rr 1.32, 4.01, 4.03, 9.05, 16.51 Legal Practitioners Act 1981 (SA) Legal Profession Act 2008 (WA) Legal Professional Conduct Rules 2010 (WA) rr 33, 42