AGU v Commonwealth of Australia [2013] NSWCA 333

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AGU v Commonwealth of Australia [2013] NSWCA 333 Hearing dates: On the papers Decision date: 10 October 2013 Before: Bathurst CJ; Beazley P; Basten JA Decision: 1 Vacate order 3 made on 23 July 2013; 2 Direct the Commonwealth to file its written submissions of no more than 10 pages in support of its notice of contention on or before 31 October 2013; 3 Direct the applicant to file its written submissions of no more than 10 pages in response on or before 21 November 2013; 4 Otherwise confirm orders and directions made by the Court on 23 July 2013; 5 Confirm date set down for hearing on 9 December 2013. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - civil - matter arising under the Constitution - Judiciary Act 1903 (Cth), s 78 - Uniform Civil Procedure Rules 2005 (NSW), rr 1.22, 1.23 - severability of proceedings from the Constitutional matter.

PROCEDURE - civil - Civil Procedure Act 2005 (NSW) - obligation of the Court to facilitate the just, quick and cheap resolution of the real issues in the proceedings - division of hearing into separate parts - all issues to be heard at the same time. Legislation Cited: Civil Procedure Act 2005 (NSW), s 14, s 56(2) Health Records Information and Information Privacy Act 2002 (NSW), Sch 1 Interpretation Act 1987 (NSW), s 31 Judiciary Act 1903 (Cth) Privacy and Personal Information Protection Act 1998 (NSW), s 55 The Constitution, s 109 Uniform Civil Procedure Rules 2005 (NSW), rr 1.22, 1.23 Cases Cited: Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd [1999] FCA 1151; 95 FCR 292 Oreb v Professional Services Review Committee No 298 [2004] FCA 1408 Sagacious Legal Pty Limited v Wesfarmers General Insurance Ltd (No 3) [2010] FCA 428; 184 FCR 516 Tavalu v Minister for Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1027 Category: Interlocutory applications Parties: AGU (Applicant) Commonwealth of Australia (Respondent) Representation: Solicitors: I Chatterjee (Applicant) N Gouliaditis (Respondent) File Number(s): CA 2013/48192 Decision under appeal Citation: AGU v Commonwealth of Australia [2013] NSWADTAP 3 Date of Decision: 2013-01-21 00:00:00 Before: Magistrate N Hennessy, Deputy President File Number(s): 129030