Bright v Femcare Limited [2001] FCA 1741

Bright v Femcare Limited [2001] FCA 1741

The most efficient course was to place the application for leave to appeal in the next Full Court callover for directions and listing, with any substantive appeal to be listed on the same day and heard only if leave is granted, while preserving the respondents' ability to oppose leave without full argument on the substantive appeal and subject to any contrary direction of the Full Court.

Jurisdiction
Australia
Judgment Date
23 November 2001
Procedural Posture
Directions Hearing in Relation to an Application for Leave to Appeal / Directions for Listing Application for Leave to Appeal and Any Substantive Appeal Before the Full Court
Outcome
Application for leave to appeal and any substantive appeal allocated to the Full Court callover for further directions and listing.
Legal Topics
['application for Leave to Appeal' 'full Court Listing' 'representative Proceedings Under Pt IVA of the Federal Court of Australia Act 1976 (cth)' 'orders Under S 33 N of the Federal Court of Australia Act 1976 (cth)']
['civil Procedure' 'representative Proceedings' 'appeals'] ['application for Leave to Appeal' 'full Court Listing' 'representative Proceedings Under Pt IVA of the Federal Court of Australia Act 1976 (cth)' 'orders Under S 33 N of the Federal Court of Australia Act 1976 (cth)']

Case Brief

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Procedural Posture

Directions Hearing in Relation to an Application for Leave to Appeal / Directions for Listing Application for Leave to Appeal and Any Substantive Appeal Before the Full Court

Legal Issues

  1. 1 ['What procedure should be adopted for the conduct of the application for leave to appeal and any substantive appeal if leave is granted.' 'Whether the application for leave to appeal and the substantive appeal should be listed before the Full Court on the same day, subject to any contrary direction of the Full Court.']

Ratio Decidendi

The most efficient course was to place the application for leave to appeal in the next Full Court callover for directions and listing, with any substantive appeal to be listed on the same day and heard only if leave is granted, while preserving the respondents' ability to oppose leave without full argument on the substantive appeal and subject to any contrary direction of the Full Court.

Court Disposition

Application for leave to appeal and any substantive appeal allocated to the Full Court callover for further directions and listing.

Orders

  • ['The application for leave to appeal, together with any substantive appeal, be allocated a date for hearing at the Full Court callover on 13 February 2002.']