Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (No 2) [2012] FCA 559

Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (No 2) [2012] FCA 559

In the interests of justice, and given both parties' preparedness for the scheduled hearing, the unavailability of Optiver's expert does not warrant an adjournment. Proceedings should commence as scheduled and be referred to a referee, permitting procedural flexibility for the referee to conduct the inquiry efficiently, in accordance with the Federal Court Act and Rules.

Jurisdiction
Australia
Judgment Date
28 May 2012
Procedural Posture
Civil / Interlocutory Orders Regarding Mode of Trial and Referral to Referee
Outcome
Proceedings referred to referee for inquiry and report; hearing fixed for 4 June 2012 to commence before referee; previous orders and directions regarding the trial vacated as necessary; directions given for conduct of reference, by consent.
Legal Topics
['case Management' 'reference to Referee' 'adjournment of Trial' 'concurrent Evidence']
['civil Procedure'] ['case Management' 'reference to Referee' 'adjournment of Trial' 'concurrent Evidence']

Case Brief

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Procedural Posture

Civil / Interlocutory Orders Regarding Mode of Trial and Referral to Referee

Legal Issues

  1. 1 ['Whether proceedings should be adjourned or referred to a referee for inquiry and report' "Effect of expert witness's medical unavailability on trial scheduling" 'Appropriate procedural directions for conduct of a reference']

Ratio Decidendi

In the interests of justice, and given both parties' preparedness for the scheduled hearing, the unavailability of Optiver's expert does not warrant an adjournment. Proceedings should commence as scheduled and be referred to a referee, permitting procedural flexibility for the referee to conduct the inquiry efficiently, in accordance with the Federal Court Act and Rules.

Court Disposition

Proceedings referred to referee for inquiry and report; hearing fixed for 4 June 2012 to commence before referee; previous orders and directions regarding the trial vacated as necessary; directions given for conduct of reference, by consent.

Orders

  • ['Separate questions to be tried referred to Honourable Kevin Lindgren QC as referee, pursuant to s 54A of Federal Court of Australia Act 1976 (Cth), for inquiry and report.' 'All orders and directions made before 28 May 2012 regarding the hearing fixed for 4 June 2012 vacated to extent they remain to be done.' 'By...