Federal Court of Australia
Federal Court of Australia Farrell v Super Retail Group Limited (Cross-claim) [2024] FCA 1189 File number: NSD 1009 of 2024
Judgment of: LEE J
Date of judgment: 8 October 2024
Catchwords: PRACTICE AND PROCEDURE – cross-claim – where cross-claimants seek to enjoin the solicitors for the first and second cross-respondent from representing them in the proceeding – where cross-claimants assert the solicitors have a financial and reputational interest in the proceeding – where solicitors issued media statement concerning allegations of bullying, victimisation and adverse treatment at Super Retail Group – where media statement was not an emergency disclosure within the meaning of the Corporations Act 2001 (Cth) – alleged failure of solicitors to give advice about exposure to defamation proceedings – where media statement relied on by SRG as repudiatory conduct – relevant principles – where relief sought of an exceptional nature – weight of being deprived of choice of legal representation – where proper administration of justice does not necessitate an order – cross-claim dismissed
Constitution ss 75, 76, 77 Corporations Act 2001 (Cth) Pt 9.4AAA, ss 1317AA(1), 1317AAD(2), 1317AAD(2)(c), 1317AB Legislation: Fair Work Act 2009 (Cth) ss 340(1), 570 Federal Court of Australia Act 1976 (Cth) s 23 Defamation Act 2005 (NSW) Pt 3, Div 1 Legal Profession Uniform Law (NSW) s 44(4)
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