Federal Court of Australia
Federal Court of Australia
Janssen v OnePath Custodians Pty Ltd [2024] FCA 497 File number(s): VID 9 of 2021
Judgment of: BUTTON J
Date of judgment: 13 May 2024
Catchwords: PRACTICE AND PROCEDURE – pleadings – amendment – where applicants seek to amend to add extensive and substantive claims – where trial date set nearly one year ago – where, if amendments allowed in their entirety, trial date would be vacated and matter not heard for significant period – where certain amendments could be accommodated in existing trial timetable – consideration of competing interests – application allowed, in part
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 8.21, 16.53
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Caason Investments Pty Ltd v Cao (2015) 236 FCR 322; [2015] FCAFC 94 Dye v Commonwealth Securities Limited (No 2) [2010] FCAFC 118 KTC v David [2022] FCAFC 60 Roberts-Smith v Fairfax Media Publications Pty Limited (No 5) [2020] FCA 1067
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 55
Date of hearing: 10 May 2024
Counsel for the Applicants: K P Hanscombe KC with A Folie
Solicitor for the Applicants: Slater and Gordon
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