Martin v Norton Rose Fulbright Australia (No 4) [2019] FCA 1441

Martin v Norton Rose Fulbright Australia (No 4) [2019] FCA 1441

It would not be in the interests of justice to proceed to trial before resolution of the appeal for which leave has been granted regarding interlocutory discovery, and the trial dates should be vacated.

Parties
Applicant (sad 49 of 2017), Respondent (nsd 1610 of 2016): Thomas Patrick Martin; Respondent (sad 49 of 2017), Applicant (nsd 1610 of 2016): Norton Rose Fulbright Australia
Jurisdiction
Australia
Judgment Date
03 August 2019
Procedural Posture
Practice and Procedure, Employment & Industrial Relations / Interlocutory Hearing Regarding Trial Dates Adjournment Pending Potential Appeal
Outcome
Trial dates vacated, case adjourned for rescheduling; costs reserved.
Legal Topics
Trial Adjournment, Leave to Appeal, Discovery, Legal Professional Privilege
Practice and Procedure Employment Law Trial Adjournment Leave to Appeal Discovery Legal Professional Privilege

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Parties

Thomas Patrick Martin

Applicant (sad 49 of 2017), Respondent (nsd 1610 of 2016)

Norton Rose Fulbright Australia

Respondent (sad 49 of 2017), Applicant (nsd 1610 of 2016)

Procedural Posture

Practice and Procedure, Employment & Industrial Relations / Interlocutory Hearing Regarding Trial Dates Adjournment Pending Potential Appeal

Legal Issues

  1. 1 Whether trial dates should be vacated due to pending appeal on interlocutory discovery decision
  2. 2 Whether it is proper for the trial judge to condition trial listing on applicant filing notice of appeal or extension application

Ratio Decidendi

It would not be in the interests of justice to proceed to trial before resolution of the appeal for which leave has been granted regarding interlocutory discovery, and the trial dates should be vacated.

Court Disposition

Trial dates vacated, case adjourned for rescheduling; costs reserved.

Orders

  • The trial dates of 23-27 September 2019 be vacated.
  • The parties advise the Court of any unavailability for a five day trial during March 2020 by 4.00 pm on Friday 27 September 2019.