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Federal Court – issuing subpoenas internationally
This article provides an overview of the rules and considerations to take into account when seeking to issue a subpoena to an overseas party in the Federal Court of Australia. It covers the need to take extra care when issuing a subpoena and the process for service of a subpoena internationally.
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Security for costs in Federal Court
A Court may order a party to pay security for potential legal costs to their opponent. This article examines the law and considerations of the Federal Court in applications for security for costs.
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Can social media chat logs be documents in Federal Court?
The Federal Court has addressed the hearsay rule exception of using a log from an instant messaging platform to prove the identity of the sender, date, time of the message, and contents of the statement.
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Preliminary discovery procedures in the Federal Court
This article provides an overview of the general rule and exceptions for issuing a disclosure document when raising capital in Australia, including related restrictions, definitions and anti-avoidance provisions.
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Subpoenas to produce documents – Federal Court
This article provides an overview of the Competition and Consumer Act 2010 (Cth) (CCA) and Australian Consumer Law (ACL), which regulate the interaction between businesses and consumers in Australia. It explains how the CCA applies to any particular transaction.
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Categories of discovery – Federal Court
This article provides an overview of the process of seeking discovery of documents in a matter before the Federal Court of Australia. It covers the requirements for standard, non-standard and more extensive discovery, as well as the definition of a category of documents.
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Consolidation of proceedings – Federal Court
Rule 30.11 of the Federal Court Rules 2011 (Cth) allows the Court to consolidate or hear together/consecutively related proceedings. This article examines the factors for the Court to consider and steps for parties seeking an order.
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Aristocrat wins big in Federal Court ruling
In the Federal Court’s decision of Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778, the Court found that a claim for an electronic gaming machine with a combination of physical parts and computer software for gameplay did constitute patentable subject matter.
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Offers to settle: Federal Court Rules c.f. Calderbank offers
Settling out of Court can bring advantages, but parties must be aware of potential legal costs consequences of offers. Rejecting an offer unreasonably can lead to paying other’s costs or losing entitlement to costs.
Federal Court litigation
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