Federal Court of Australia
Federal Court of Australia
Seven Network (Operations) Limited v Cricket Australia [2022] FCA 1290 File number: VID 369 of 2022
Judgment of: O'BRYAN J
Date of judgment: 28 October 2022
Catchwords: PRACTICE AND PROCEDURE – pleadings – allegations in defence that certain allegations in the statement of claim are "vague and embarrassing" – whether such allegations are a permissible form of pleading – order for defence to be amended to remove the allegations PRACTICE AND PROCEDURE – discovery – whether discovery applications should be deferred until after the filing of evidence
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court Rules 2011 (Cth) rr 16.02(1)-(2), 16.07, 16.21(1), 16.45, 20.11, 20.14, 20.15
Cases cited: Banque Commerciale SA, En Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 Dare v Pulham (1982) 148 CLR 658
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 24
Date of hearing: 28 October 2022
Counsel for the Applicant: Mr D Thomas SC with Mr D Birch and Mr H Atkin
Solicitor for the Applicant: Atanaskovic Hartnell
Counsel for the Respondent: Mr J J Gleeson KC with Mr A M Dinelli, Mr B Petrie and Ms X Teo
Solicitor for the Respondent: K&L Gates
ORDERS VID 369 of 2022
BETWEEN: SEVEN NETWORK (OPERATIONS) LIMITED (ABN 65 052 845 262) Applicant
AND: CRICKET AUSTRALIA (ABN 53 006 089 130) Respondent
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