Versace v Monte [2001] FCA 1454

Versace v Monte [2001] FCA 1454

Because the respondents' applications were made extremely late, largely without prior notice or supporting evidence, and the proposed s 65A separate question would not conclude or shorten the matter, the Court refused to split out the issue, refused to vacate the hearing dates, and declined the late procedural relief sought; video link evidence was permitted where there was no considerable impediment.

Jurisdiction
Australia
Judgment Date
15 October 2001
Procedural Posture
Reasons on Notice of Motion and Other Applications / Pre Trial Directions Shortly Before Liability Hearing
Outcome
Respondents' late applications were generally refused; video link evidence orders were made by agreement; hearing dates were confirmed; costs were reserved.
Legal Topics
['separate Question' 'amendment of Defence' 'cross Claim' 'joinder' 'interrogatories' 'discovery' 'trial by Jury' 'transfer of Proceedings' 'evidence by Video Link' 'vacation of Hearing Dates']
['trade Practices' 'federal Court Procedure' 'defamation'] ['separate Question' 'amendment of Defence' 'cross Claim' 'joinder' 'interrogatories' 'discovery' 'trial by Jury' 'transfer of Proceedings' 'evidence by Video Link' 'vacation of Hearing Dates']

Case Brief

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Procedural Posture

Reasons on Notice of Motion and Other Applications / Pre Trial Directions Shortly Before Liability Hearing

Legal Issues

  1. 1 ["Whether the respondents' proposed s 65A Trade Practices Act 1974 (Cth) information provider issue should be determined as a separate question before trial under O 29 r 2 of the Federal Court Rules." 'Whether a claim involving defamation should be heard by a jury or transferred to a State Supreme Court.' 'Whether the respondents should have late leave to amend the defence, file a cross-claim, join additional parties, administer interrogatories, seek particulars, and obtain discovery.' 'Whether evidence should be taken by video link.' 'Whether the fixed hearing dates should be vacated.']

Ratio Decidendi

Because the respondents' applications were made extremely late, largely without prior notice or supporting evidence, and the proposed s 65A separate question would not conclude or shorten the matter, the Court refused to split out the issue, refused to vacate the hearing dates, and declined the late procedural relief sought; video link evidence was permitted where there was no considerable impediment.

Court Disposition

Respondents' late applications were generally refused; video link evidence orders were made by agreement; hearing dates were confirmed; costs were reserved.

Orders

  • ['No order directing separate determination before trial of the foreshadowed question under s 65A of the Trade Practices Act 1974 (Cth).' 'No order that the proceeding be heard by a jury.' 'No order transferring the proceeding to a State Supreme Court.' 'Leave to amend the defence was not granted at that stage.' 'No...