Palmer v McGowan (No 3) [2022] FCA 140

Palmer v McGowan (No 3) [2022] FCA 140

In light of the change in Western Australia's border rules, the reasons for insisting on unusual weekend sittings ceased to exist, and no party objected to reverting to standard trial arrangements; therefore, the hearing dates were varied accordingly.

Parties
Applicant / Cross Respondent: Mr Clive Frederick Palmer; Respondent / Cross Claimant: Mr Mark McGowan
Jurisdiction
Australia
Judgment Date
21 February 2022
Procedural Posture
Other Federal Jurisdiction / Orders as to Conduct of Trial
Outcome
Hearing dates varied and relisted as per orders.
Legal Topics
Practice and Procedure, Trial Management, Adjournment of Hearing
Practice and Procedure Trial Management Adjournment of Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Clive Frederick Palmer

Applicant / Cross Respondent

Mr Mark McGowan

Respondent / Cross Claimant

Procedural Posture

Other Federal Jurisdiction / Orders as to Conduct of Trial

Legal Issues

  1. 1 Whether to vacate and relist hearing dates to accommodate witness availability and external circumstances affecting trial conduct

Ratio Decidendi

In light of the change in Western Australia's border rules, the reasons for insisting on unusual weekend sittings ceased to exist, and no party objected to reverting to standard trial arrangements; therefore, the hearing dates were varied accordingly.

Court Disposition

Hearing dates varied and relisted as per orders.

Orders

  • The listings on 26 February 2022 and 28 February 2022 be vacated.
  • The proceeding be listed part-heard at 10:15am on 7 March 2022 and, subject to further order, continue until 1pm on 9 March 2022.