Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perrett v Newmont Mining Services Pty Ltd [2024] FCA 1147 File number(s): NSD 1 of 2024
Judgment of: NEEDHAM J
Date of judgment: 2 October 2024
Catchwords: PRACTICE AND PROCEDURE – application to transfer proceedings from the New South Wales Registry to the Western Australian Registry – evidence from treating doctors as to applicant's mental health issues with a hearing in Perth not given in accordance with expert evidence guidelines – evidence admissible on interlocutory hearing – where disproportionate financial impact and applicant's mental health impacted if proceedings transferred – application dismissed
Legislation: Evidence Act 1995 (Cth), ss 76, 79, 135, 136 Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth), ss 48, 37M Federal Court Rules 2011 (Cth), rr 2.02, 23.11, Sch 1
Cases cited: Australian Competition and Consumer Commission v Australian Egg Corporation Limited [2014] FCA 1010 Baxendale's Vineyard Pty Ltd v Geographical Indications Committee [2007] FCA 22; (2007) 156 FCR 444 Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Mumbin v Northern Territory of Australia (No 1) [2020] FCA 475 National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 Oberix Group Pty Ltd v Atkinson [2021] FCA 1259 Plankton Australia Pty Ltd v Rainstorm Dust Control Pty Ltd [2017] FCA 1616 R v Hien Puoc Tang (2006) 65 NSWLR 681; [2006] NSWCCA 167
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