Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Frigger v Professional Services of Australia Pty Ltd (No 3) [2023] FCA 520 File number: WAD 126 of 2022
Judgment of: FEUTRILL J
Date of judgment: 23 May 2023
Date of publication of reasons: 24 May 2023
Catchwords: PRACTICE AND PROCEDURE — trial of separate questions in the proceedings — exercising power on Court's own initiative — balancing competing factors — turns on the facts in question — order for determination of separate questions on agreed and assumed facts and matters
Legislation: Evidence Act 1995 (Cth) s 38, 39, 129 Federal Court of Australia Act 1976 (Cth) ss 37M, 37P Federal Court Rules 2011 (Cth) rr 1.32, 1.34, 1.35, 1.40, 30.01
Cases cited: AWB Ltd v Cole (No 2) [2006] FCA 913; 233 ALR 453 City of Swan v Lehman Brothers Australia Ltd [2009] FCA 784; (2009) 73 ACSR 86 Tepko Pty Ltd v Water Board [2001] HCA 19; (2001) 206 CLR
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 18
Date of hearing: Determined on the papers
Counsel for the Plaintiffs: The plaintiffs appeared in person
Counsel for the Defendants: Mr TR Stephenson
Solicitor for the Defendants: Eastwood Law
ORDERS WAD 126 of 2022
BETWEEN: HARTMUT HUBERT JOSEF FRIGGER First Plaintiff
ANGELA CECILIA THERESA FRIGGER Second Plaintiff
AND: PROFESSIONAL SERVICES OF AUSTRALIA PTY LTD (ACN 082 879 641) First Defendant
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