Touch for Health Pty Ltd as Trustee for Knight Superannuation Fund v The Property Mentors Australia Pty Ltd [2022] FCA 77

It is not necessary that the matter proceed by formal pleadings; any deficiencies in the concise statement should be rectified by amendment, and the case should proceed by way of concise statement.

Jurisdiction: Australia
Judgment Date: 07 February 2022
Procedural Posture: Practice and Procedure / Case Management Hearing; Consideration of Form of Pleadings; Interlocutory Order
Outcome: Applicants granted leave to amend; matter to proceed by concise statement; costs reserved
Legal Topics: ['concise Statement' 'pleadings' 'case Management' 'australian Securities and Investments Commission Act 2001 (cth)']

['practice and Procedure' 'commercial Law'] ['concise Statement' 'pleadings' 'case Management' 'australian Securities and Investments Commission Act 2001 (cth)']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Practice and Procedure / Case Management Hearing; Consideration of Form of Pleadings; Interlocutory Order

Legal Issues

1 ['Whether the matter should proceed by way of concise statement or formal pleadings' 'Whether the applicants’ concise statement provides sufficient clarity of claims']

Ratio Decidendi

It is not necessary that the matter proceed by formal pleadings; any deficiencies in the concise statement should be rectified by amendment, and the case should proceed by way of concise statement.

Court Disposition

Applicants granted leave to amend; matter to proceed by concise statement; costs reserved

Orders

['Applicants have leave to file amended concise statement by 28 February 2022.' 'Respondents to file and serve concise responses (or amended concise response) by 21 March 2022.' 'Respondents to file and serve any cross-claim for contribution/indemnity by 21 March 2022.' 'Proceeding listed for further case management...