Federal Court (FCA). Can it be said that, "in the ordinary course all issues of fact and law should be determined at the one time and that the [FCA] should generally exercise the power in r 30.01 of the Rules cautiously and sparingly"?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Can it be said that, "in the ordinary course all issues of fact and law should be determined at the one time and that the Court should generally exercise the power in r 30.01 of the [Federal Court Rules 2011 (Cth)] cautiously and sparingly"?
Question 2: If a party applies for an order under r 30.01, is the issue ultimately reduced to the question of whether it is just and convenient for such an order to be made?
Question 3: In considering whether certain issues should be tried separately and in applying r 30.01 of the Rules, must the FCA "consider the overarching purpose of civil practice and procedure provisions according to s 37M of the Federal Court of Australia Act 1976 (Cth)"?
The FCA answered those questions as follows:
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