Motor Trades Association of Australia Superannuation Fund Pty Limited v Rickus (No 4) [2009] FCA 1085

Motor Trades Association of Australia Superannuation Fund Pty Limited v Rickus (No 4) [2009] FCA 1085

Because another proceeding set down for four weeks had recently been adjourned, a window of opportunity existed to accommodate the parties' consent request; the existing hearing date was vacated and the matter was relisted for 28 October 2009 at 9:30 am, with costs reserved.

Jurisdiction
Australia
Judgment Date
24 September 2009
Procedural Posture
Practice and Procedure — Application to Vacate Hearing Date / Application by Consent to Vacate the Hearing of an Outstanding Aspect of a Proceeding and Fix an Alternative Date
Outcome
Application granted; hearing date vacated and new hearing date fixed; costs reserved.
Legal Topics
['application to Vacate Hearing Date' 'court Listing and Hearing Dates' 'judicial Resources' 'access to Justice' 'costs Reserved']
['practice and Procedure'] ['application to Vacate Hearing Date' 'court Listing and Hearing Dates' 'judicial Resources' 'access to Justice' 'costs Reserved']

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Procedural Posture

Practice and Procedure — Application to Vacate Hearing Date / Application by Consent to Vacate the Hearing of an Outstanding Aspect of a Proceeding and Fix an Alternative Date

Legal Issues

  1. 1 ['Whether the hearing date fixed for 30 October 2009 should be vacated by consent and an alternative hearing date fixed.' 'Whether the Court could accommodate the wishes of the parties in light of constraints arising from judicial vacancies.']

Ratio Decidendi

Because another proceeding set down for four weeks had recently been adjourned, a window of opportunity existed to accommodate the parties' consent request; the existing hearing date was vacated and the matter was relisted for 28 October 2009 at 9:30 am, with costs reserved.

Court Disposition

Application granted; hearing date vacated and new hearing date fixed; costs reserved.

Orders

  • ['The hearing date presently fixed for 30 October 2009 is vacated.' 'The matter is set down for hearing in Sydney on 28 October 2009 at 9:30 am.' 'The costs of the present application are reserved.']