McNickle v Huntsman Chemical Company Australia Pty Ltd (Further Conduct of Hearing) [2023] FCA 1216

Federal Court of Australia McNickle v Huntsman Chemical Company Australia Pty Ltd (Further Conduct of Hearing) [2023] FCA 1216 File number: VID 243 of 2020

Judgment of: LEE J

Date of judgment: 9 October 2023

Date of publication of reasons: 11 October 2023

Catchwords: PRACTICE AND PROCEDURE – contested proposed orders for documentary tender and closing submissions in initial trial – where revised orders proposed consistent with the overarching purpose – orders made

Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 14

Date of hearing: 9 October 2023

Counsel for the applicant: Mr A Clements KC with Ms M Szydzik SC, Ms R Singleton and Ms R Howe

Solicitor for the applicant: Maurice Blackburn

Counsel for the respondents: Mr R Craig KC with Ms K O'Gorman and Mr R Ajzensztat

Solicitor for the respondents: Herbert Smith Freehills

ORDERS VID 243 of 2020

BETWEEN: KELVIN MCNICKLE Applicant

AND: HUNTSMAN CHEMICAL COMPANY AUSTRALIA PTY LTD (ACN 004 146 338) First Respondent

MONSANTO AUSTRALIA PTY LTD (ACN 006 725 560) Second Respondent

MONSANTO COMPANY (and another named in the Schedule) Third Respondent

order made by: LEE J DATE OF ORDER: 9 OCTOBER 2023

THE COURT ORDERS THAT:

1. By 5pm on 18 October 2023, the parties send to the Associate to Justice Lee a consolidated list of documents which each party wishes to tender that identifies the documents in respect of which objection is taken by the other party. 2. The initial trial be adjourned part heard for the receipt of any further evidence to 10:15am on 19 October 2023. 3. By 5pm on 1 November 2023, the parties file and serve the initial version of their closing submissions limited to 200 pages (including any annexures or schedules) and provide a Microsoft Word version of those submissions by email to the Associate to Justice Lee. 4. By 5pm on 15 November 2023, each party provide the final version of their closing submissions limited to 260 pages (including any annexures or schedules) which include, in a revised closing submission, any material in reply, and provide a Microsoft Word version of the revised closing submissions by email to the Associate to Justice Lee. 5. The submissions filed by the parties in accordance with these orders are to be in Times New Roman 12 point-type, are to refer to any authorised report and medium neutral citation of any cases referred to or cited (or in the absence of an authorised report, any unauthorised report and the medium neutral citation), and are not to include footnotes. 6. The initial trial be listed for hearing of oral submissions at 10:15am on 29 January 2024 with an estimate of no more than two days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.