Seven Network (Operations) Limited v Cricket Australia [2022] FCA 1290

Seven Network (Operations) Limited v Cricket Australia [2022] FCA 1290

Statements in a defence that an allegation in the statement of claim is 'vague and embarrassing' and therefore cannot be pleaded to are evasive, contrary to r 16.02 of the Federal Court Rules 2011 (Cth), and must be removed. Parties must either plead responsively or avail themselves of strike-out or particulars procedures if an allegation is truly deficient.

Parties
Applicant: Seven Network (Operations) Limited; Respondent: Cricket Australia
Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Commercial Dispute / Interlocutory/case Management Hearing
Outcome
Orders made for amendment of defence, deferral of discovery, and case management timetable set.
Legal Topics
Pleadings, Discovery, Media Rights Agreement, Misleading Conduct
Practice and Procedure Commercial Law Pleadings Discovery Media Rights Agreement Misleading Conduct

Case Brief

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Parties

Seven Network (Operations) Limited

Applicant

Cricket Australia

Respondent

Procedural Posture

Commercial Dispute / Interlocutory/case Management Hearing

Legal Issues

  1. 1 Whether allegations that a pleading is 'vague and embarrassing' are a permissible form of pleading
  2. 2 Whether discovery applications should be deferred until after filing of evidence

Ratio Decidendi

Statements in a defence that an allegation in the statement of claim is 'vague and embarrassing' and therefore cannot be pleaded to are evasive, contrary to r 16.02 of the Federal Court Rules 2011 (Cth), and must be removed. Parties must either plead responsively or avail themselves of strike-out or particulars procedures if an allegation is truly deficient.

Court Disposition

Orders made for amendment of defence, deferral of discovery, and case management timetable set.

Orders

  • Within 14 days, the respondent amend its defence to remove all statements to the effect that an allegation in the applicant's statement of claim is 'vague and embarrassing' and file and serve an amended defence.
  • By 12 December 2022, the parties file any agreed statement of facts.