Comello Pty Ltd v Feeney [2011] FCA 1334

Comello Pty Ltd v Feeney [2011] FCA 1334

There were sound reasons to transfer the proceeding to the Queensland Registry because the Respondents were unrepresented, the Second Respondent was pregnant and the pregnancy was not easy, the Respondents had small children for whom known child care could be secured in Brisbane, and their limited financial position would further limit their ability to defend serious allegations if the future management and trial were conducted in Victoria.

Jurisdiction
Australia
Judgment Date
22 November 2011
Procedural Posture
Application for Transfer of Proceeding to the Queensland Registry of the Federal Court of Australia / Determined on the Papers
Outcome
Proceeding transferred to the Queensland Registry of the Federal Court of Australia with no order as to costs.
Legal Topics
['transfer of Venue' 'federal Court Registry Transfer' 'fast Track List' 'case Management' 'self Represented Respondents']
['civil Procedure' 'corporations Law' 'fair Trading'] ['transfer of Venue' 'federal Court Registry Transfer' 'fast Track List' 'case Management' 'self Represented Respondents']

Case Brief

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Procedural Posture

Application for Transfer of Proceeding to the Queensland Registry of the Federal Court of Australia / Determined on the Papers

Legal Issues

  1. 1 ['Whether the proceeding should be transferred from the Victoria District Registry to the Queensland Registry of the Federal Court of Australia.' 'Whether there were sound reasons under s 48 of the Federal Court of Australia Act 1976 (Cth) to direct that the proceeding be conducted or continued in another place.']

Ratio Decidendi

There were sound reasons to transfer the proceeding to the Queensland Registry because the Respondents were unrepresented, the Second Respondent was pregnant and the pregnancy was not easy, the Respondents had small children for whom known child care could be secured in Brisbane, and their limited financial position would further limit their ability to defend serious allegations if the future management and trial were conducted in Victoria.

Court Disposition

Proceeding transferred to the Queensland Registry of the Federal Court of Australia with no order as to costs.

Orders

  • ['The proceeding be transferred to the Queensland Registry of the Federal Court of Australia.' 'The proceeding be listed for a directions hearing on a date convenient to the docket judge in the Queensland Registry of the Federal Court of Australia.' 'No order as to costs.']