Jorgensen v Jorgensen [2019] FCA 1742

Jorgensen v Jorgensen [2019] FCA 1742

The interlocutory application lodged by the first respondent was refused for filing because prior court orders restrained filing further applications connected with the Rainbow Motor Inn Unit Trust until determination of the originating application, and because the application sought substantive relief outside the scope of the current proceedings. Liberty to apply in previous orders is for procedural matters, not substantive applications. Cross-examination of Mr McGrath was refused due to lack of relevance and potential prejudice to applicant's case. The oral application to vacate the trial date was refused due to lack of substantiated non-compliance and case management principles...

Jurisdiction
Australia
Judgment Date
21 October 2019
Procedural Posture
Interlocutory Application in Ongoing Proceeding / Case Management Hearing; Pre Trial
Outcome
Orders made refusing the interlocutory application, refusing leave to cross-examine Mr Timothy McGrath, and refusing to vacate trial date.
Legal Topics
['case Management' 'vexatious Proceedings' 'trusts' 'fiduciary Duty' 'interlocutory Applications']
['practice and Procedure'] ['case Management' 'vexatious Proceedings' 'trusts' 'fiduciary Duty' 'interlocutory Applications']

Case Brief

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Procedural Posture

Interlocutory Application in Ongoing Proceeding / Case Management Hearing; Pre Trial

Legal Issues

  1. 1 ['Whether leave should be granted to file an interlocutory application in light of previous orders restraining such filing' 'Whether cross-examination of a solicior should be permitted' 'Whether the trial date should be vacated']

Ratio Decidendi

The interlocutory application lodged by the first respondent was refused for filing because prior court orders restrained filing further applications connected with the Rainbow Motor Inn Unit Trust until determination of the originating application, and because the application sought substantive relief outside the scope of the current proceedings. Liberty to apply in previous orders is for procedural matters, not substantive applications. Cross-examination of Mr McGrath was refused due to lack of relevance and potential prejudice to applicant's case. The oral application to vacate the trial date was refused due to lack of substantiated non-compliance and case management principles...

Court Disposition

Orders made refusing the interlocutory application, refusing leave to cross-examine Mr Timothy McGrath, and refusing to vacate trial date.

Orders

  • ['The Interlocutory Application lodged by Mr Alan Bradley Jorgensen with the Federal Court of Australia Registry on 16 September 2019 not be accepted for filing.' 'Mr Timothy McGrath not be cross-examined at the Hearing on 6 November 2019.' 'The oral application for vacation of the Hearing on 6 November 2019 be...