federal court

Essentials for proving service in the Federal Court

27 June 2022 by

When commencing proceedings in the Federal Court of Australia (Court), the applicant (Applicant) (or plaintiff), (the party who commences the proceedings) is required to serve the documents filed in the Court on all respondents (Respondents) or defendants (the party the proceedings are brought against) personally in accordance with the Federal Court Rules 2011 (Cth) (FC Rules).

In circumstances where a Respondent evades service, the Applicant will need to do everything in their power to prove to the Court that the other party has been served and made aware of the proceedings. [Read more…]

Filed Under: Legal Articles, Litigation Tagged With: , , , , , , ,

Is social media chat log a document in Federal Court?

29 November 2021 by

As a general rule, a party to a proceeding in the Federal Court cannot prove the existence of a fact by producing evidence of a statement which they made out of the Court.  This is known as the hearsay rule and is found at section 59 of the Evidence Act 1995 (Cth) (Act).   One (1) of the exceptions to the hearsay rule is in relation to electronic communications.  This allows a person to rely on the communication to prove it was sent to or from one (1) person at a particular time.  To prove a fact of the statement itself is a bit more complicated. [Read more…]

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Preliminary discovery in the Federal Court

14 June 2021 by

Preliminary discovery (Discovery) is available to potential applicants (Applicants) in the Federal Court for the purposes of determining whether there is a good cause of action against a prospective respondent (Respondent).  It is not as a mechanism for full discovery.  Discovery is done before the filing of any claim and occurs at the very start of litigious proceedings. [Read more…]

Filed Under: Commercial Law, Intellectual property litigation, Legal Articles, Litigation & Disputes Tagged With: , , , ,

What is a Case Management Hearing?

30 March 2021 by

In the Federal Court of Australia, a case management hearing is a meeting of the parties and the Court to identify issues at the earliest possible stage (Case Management Hearing).[1]  They are the essential element of, and main procedure used in achieving, case management.[2]  In Queensland Courts, they are referred to as case management conferences.[3]  Case Management Hearings may be referred to by different terms in each State.  This article discusses Case Management Hearings in the Federal Court. [Read more…]

Filed Under: Commercial Law, Corporate Law, Legal Articles, Litigation, Litigation & Disputes, Litigation and disputes Tagged With: , , , , , , , , , ,

Subpoenas to produce documents – Federal Court

5 November 2020 by

In litigious matters, it is often the case that a third party has documents which may go towards proving (or disproving) a fact in issue in the proceedings.  When this arises, the question becomes whether you can subpoena the documents, what form should the subpoena take and at what stage in the proceedings this is best done. [Read more…]

Filed Under: Legal Articles, Litigation, Litigation & Disputes, Litigation and disputes Tagged With: , , , , ,

Consolidating related proceedings in the Federal Court

16 September 2020 by

In civil litigation it is surprisingly common for the parties to have more than one matter before the Court with overlapping fact matrices.  Rule 30.11 of the Federal Court Rules 2011 (Cth) (Rules) provides a mechanism by which the Federal Court, at the request of one or more of the parties to separate proceedings, can consolidate two or more separate but related proceedings. [Read more…]

Filed Under: Legal Articles Tagged With: , , , ,

s115A Copyright Act – infringement outside Australia

9 July 2020 by

Section 115A of the Copyright Act 1968 (Cth) came into effect on 27 June 2015 and was amended on 11 December 2018 pursuant to the Copyright Amendment (Online Infringement) Act 2018 (no. 157, 2018) (Online Infringement Act).  The effect of the amendments as described in the Explanatory Memorandum to the Bill were to amend the threshold test from ‘primary purpose’ to ‘primary effect’, add a rebuttable presumption that an alleged ‘online location’ is located outside Australia, to extend the scope to online search engines (Deindexing Orders) and allow the Court to make “more responsive” orders in terms of injunctive relief. [Read more…]

Filed Under: Intellectual Property, Intellectual property litigation, IT Law, Legal Articles, Litigation & Disputes, Litigation and disputes, Technology Law Tagged With: , , , , , , , , , , , ,

Claiming delay due to COVID-19? Think again.

29 April 2020 by

In the current pandemic parties to legal proceedings may be tempted to apply for an adjournment or further time, citing COVID-19 as the reason for the delay.  Certainly the Federal Court of Australia has been quick to respond to the pandemic by changing its procedures and has even conducted entire trials using Microsoft Teams.  This article discusses the circumstances where COVID-19 has been used as justification for a delay in proceeding and the Court’s view on granting stays for this reason. [Read more…]

Filed Under: Legal Articles, Litigation, Litigation & Disputes, Litigation and disputes Tagged With: , , , , , ,

Particulars – their importance in civil litigation

15 April 2020 by

In civil litigation, the term ‘particulars’ is frequently used.  The term particulars stems from the ordinary meaning of the noun, ‘particular,’ that being, ‘a detail’.  Despite this rather simple meaning, what exactly a particular is seems to be a subject of some confusion even amongst the legal profession.  This confusion is likely caused by the blurred line between pleaded facts and particulars. [Read more…]

Filed Under: Legal Articles, Litigation, Litigation & Disputes, Litigation and disputes Tagged With: , , , , , , ,

Discovery in the Federal Court of Australia

1 November 2017 by

On 1 August 2011 the Federal Court of Australia (Federal Court) adopted the Federal Court Rules 2011 (Cth) (Rules) and its revised regime for discovery.  The Federal Court does not require parties to provide disclosure as a matter of course.  Instead, if a party wishes to receive documents from another party (or a third party), they must seek the Court’s permission.  This process is known as discovery.  The Rules are to be read in conjunction with the associated Federal Court practice notes, relevantly Central Practice Note: National Court Framework and Case Management (CPN-1) and Intellectual Property Practice Note (IP-1).  In this article, we consider the process of seeking discovery of documents in a matter before the Federal Court. [Read more…]

Filed Under: Legal Articles, Litigation Tagged With: , ,
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