Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Further Conduct of Proceedings) (No 2) [2022] FCA 543

Federal Court of Australia

Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Further Conduct of Proceedings) (No 2) [2022] FCA 543 File number: NSD 1816 of 2004

Judgment of: PERRAM J

Date of judgment: 11 May 2022

Catchwords: PRACTICE AND PROCEDURE – where parties unable to agree on a short minute of order – where timetable for the future conduct of proceedings.

Division: General Division

Registry: New South Wales

National Practice Area: Intellectual Property

Sub-area: Trade Marks

Number of paragraphs: 9

Date of last submission: 29 April 2022

Date of hearing: 27 April 2022

Counsel for the Cross-Claimants: Mr D Shavin QC with Ms C Cochrane SC

Solicitor for the Cross-Claimants: Quinn Emanuel Urquhart & Sullivan

Counsel for the Cross-Respondent: Mr D Larish

Solicitor for the Cross-Respondent: King & Wood Mallesons

ORDERS NSD 1816 of 2004

BETWEEN: FEDERAL TREASURY ENTERPRISE (FKP) SOJUZPLODOIMPORT First Cross-Claimant FEDERAL PUBLIC UNITARY ENTERPRISE EXTERNAL ECONOMIC UNION SOJUZPLODOIMPORT (FGUP VO) Second Cross-Claimant

AND: SPIRITS INTERNATIONAL B.V. Cross-Respondent

order made by: PERRAM J DATE OF ORDER: 11 May 2022

THE COURT ORDERS THAT:

The Permanent Stay 1. The Cross-Respondent's interlocutory application dated 7 December 2018, which was remitted to this Court by the Full Court on 1 July 2021, be determined first and on the papers. 2. The Cross-Respondent file and serve, by 25 May 2022, written submissions of no more than 10 pages addressing the application. 3. The Cross-Claimants file and serve, by 8 June 2022, written submissions of no more than 10 pages addressing the application. 4. The Cross-Respondent file and serve, by 15 June 2022, any submissions in reply. 5. Neither party's written submissions are to include a schedule although each party may annex the orders which they seek to their written submissions. 6. Any proposed orders which are annexed in accordance with Order 5 are not to be counted towards the 10 page limit. Security for Costs 7. The Cross-Respondent file and serve, by 12 August 2022, any application i for Security for Costs ('the Security Application') together with any affidavit evidence which it wishes to rely upon. 8. The Cross-Claimants file and serve, by 19 August 2022 any affidavit evidence which they wish to rely upon in opposition to the Security Application. 9. The Cross-Respondent file and serve, by 26 August 2022, written submissions of no more than 10 pages addressing the Security Application. 10. The Cross-Claimants file and serve, by 9 September 2022, written submissions of no more than 10 pages addressing the Security Application. 11. The Cross-Respondent file and serve, by 16 September 2022, any submissions in reply. 12. The Cross-Respondent's application is to be determined on the papers. 13. All questions of costs are to be postponed until after the trial. The Pleadings 14. The parties file and serve, by 16 January 2022, interlocutory applications in respect of any pleading debate foreshadowed at the case management hearings on 11 and 27 April 2022 which are not currently supported by an extant application. 15. Any application filed in accordance with Order 14 is to be listed for hearing on 21 and 22 March 2023 together with any extant application relating to pleadings. 16. In respect of any application filed pursuant to Order 14 and any extant application: a. The moving party on each application is to file and serve written submissions of no more than 10 pages, by 31 January 2023. b. The responding party to each application is to file and serve written submissions of no more than 10 pages, by 14 February 2023. c. The moving party on each application is to file and serve any submissions in reply by 21 February 2023. Further Material 17. The question of what the 'material' referred to by the Full Court in Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. [2021] FCAFC 77 at [19] might be (the 'further material issue') is to be determined at the hearing on 21 and 22 March 2023. 18. The Cross-Claimants file and serve, by 19 December 2022, any affidavit evidence which they wishes to rely upon in relation to the further material issue. 19. The Cross-Respondent file and serve, by 16 January 2023, any affidavit evidence which it wishes to rely upon in relation to the further material issue. 20. The Cross-Claimants file and serve, by 31 January 2023: a. Any affidavit evidence on which they wish to rely in reply; and b. written submissions of no more than 10 pages addressing the further material issue. 21. The Cross-Respondent file and serve, by 14 February 2023, written submissions of no more than 10 pages addressing the further material issue. 22. The Cross-Claimants file and serve, by 21 February 2023, any submissions in reply. Materials for Hearing 23. The parties file, by 7 March 2023, a digital court book and joint list of authorities. 24. The digital court book and joint list of authorities be in the form of: a. Two single PDF documents, each optimised to permit the use of search and annotation functionality; and b. Contain bookmarks to the first page of each document in the compilation; and c. Any annotated pagination is to match the pagination of both the internal PDF file and that of any hardcopy produced for the purpose of the hearing. 25. Any questions arising from or in relation to the preparation of the digital court book are to be directed to the Associate to Justice Perram. The Temporary Stay 26. The temporary stay, ordered on 20 November 2017, be lifted to the extent necessary to permit the steps outlined in these orders to be taken. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.