Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fensom v Jake Ryan Media Group Pty Ltd [2023] FCA 7 File number: VID 780 of 2021
Judgment of: COLVIN J
Date of judgment: 12 January 2023
Cases cited: A1 for Maintenance Pty Ltd v SG Excellence WA Pty Ltd [2018] FCA 355
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 6
Date of last submission/s: 16 December 2022 (Applicants) 2 December 2022 (Second Respondent)
Date of hearing: Determined on the papers
Counsel for the Applicants: Mr DTJ Stavris
Solicitor for the Applicants: Baraka Lawyers
Counsel for the First Respondent: The First Respondent did not appear
Counsel for the Second Respondent: The Second Respondent appeared in person
ORDERS VID 780 of 2021
BETWEEN: MAXINE ELIZABETH FENSOM First Applicant
FORTYFIFTH SHERLOCK PTY LTD Second Applicant
AND: JAKE RYAN MEDIA GROUP PTY LTD First Respondent
GEOFFREY KENNETH WILLIAMS Second Respondent
order made by: COLVIN J DATE OF ORDER: 12 January 2023
THE COURT ORDERS THAT:
1. Order 5 made on 10 November 2022 be revoked and the question whether there should be any security for costs and the amount of any security shall be determined at an oral hearing to be conducted using the Teams platform. 2. On or before 27 January 2023, the respondents shall file any affidavit in support of the application for security. 3. On or before 17 February 2023, the applicants shall file any affidavit in opposition to the application for security together with any submissions in support of confidentiality orders as to any part of the affidavit material and a minute of any orders sought as to confidentiality. 4. Unless leave is given, no further written submissions shall be filed in respect of the application for security. 5. The application for security for costs be listed for hearing at 10.00 am AWST on 28 February 2023 for 1 hour with each party to be allocated up to 30 minutes for oral submissions. 6. Any application for orders that would allow the second respondent to make submissions in support of the application for security by the first respondent shall be heard on 28 February 2023. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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