FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Finch v The Heat Group Pty Ltd [2024] FedCFamC2G 161
File number: MLG 576 of 2016 Judgment of: JUDGE RILEY Date of judgment: 27 February 2024 Catchwords: PRACTICE AND PROCEDURE – application to restrain legal practitioners from acting for the respondents – the legal practitioners having never acted for the applicant – whether there is any other proper basis to restrain the legal practitioners from acting for the respondents. Legislation: Australian Solicitors’ Conduct Rules 2015
Disability Discrimination Act 1992
Federal Circuit and Family Court of Australia Act 2021
Federal Court of Australia Act 1976
Federal Court Rules 2011
Legal Profession Uniform Conduct (Barristers) Rules 2015
Legal Profession Uniform General Rules 2015
Trade Practices Act 1974
Victorian Bar Rules 2009
Cases cited: Adam 12 Holdings Pty Ltd v Eat & Drink Holdings Pty Ltd [2006] VSC 152
Asia Pacific Telecommunications Ltd v Optus Networks Pty Ltd [2005] NSWSC 550
Bahonko v Nurses Board of Victoria (No 3) [2007] FCA 491
Calidad Pty Ltd v Seiko Epson Corp (2019) 270 FCR 572; (2019) 370 ALR 563; (2019) 142 IPR 381; [2019] FCAFC 115
Finch v The Heat Group Pty Ltd & Ors (Anti-Discrimination) [2010] VCAT 802
Finch v The Heat Group Pty Ltd & Ors (Anti-Discrimination) [2012] VCAT 223
Finch v The Heat Group Pty Ltd(No 2) (2016) 353 ALR 193; [2016] FCA 791
Finch v The Heat Group Pty Ltd (No 5) [2016] FCA 191
Finch v Heat Group Pty Ltd [2022] FedCFamC2G 848
Grattan & Grattan and Anor (No. 3) [2014] FamCA 839
Grimwade v Meagher [1995] 1 VR 446
Makripoulias v Arhontovasilis [2022] VSC 53
SmithKline Beecham (Australia) Pty Ltd v Chipman [2003] FCA 796
Western Australia v Ward (1997) 76 FCR 491
Westpac Banking Corporation v Lenthall [2018] FCA 1422
Yunghanns v Elfic Ltd (formerly known as Elders Finance & Investment Co Ltd) (unreported, Supreme Court of Victoria, Gillard J, 3 July 1998)
Division: Division 2 General Federal Law Number of paragraphs: 208 Date of last submission: 7 September 2023 Dates of hearing: 20 December 2022, 8 March 2023 and 17 July 2023 Place: Melbourne Advocate for the Applicant: In person Solicitor for the Applicant: None Counsel for the Respondents: Nadia Stojanova (on 20 December 2022 & 8 March 2023)
Catherine Pase (on 17 July 2023)Solicitor for the Respondents: MinterEllison ORDERS
MLG 576 of 2016 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: JO-ANNE FINCH
Applicant
AND: THE HEAT GROUP PTY LTD (ACN 092 941 430)
First Respondent
GILLIAN FRANKLIN
Second RespondentPETER KADLECIK (and others named in the Schedule)
Third Respondent
ORDER MADE BY:
JUDGE RILEY
DATE OF ORDER:
27 FEBRUARY 2024
Amended pursuant to r.17.05(2)(h) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 on 20 March 2024
THE COURT ORDERS THAT:
1.The applicant’s application to restrain MinterEllison, Mr Felman…
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- Case
- [2024] FedCFamC2G 161
- Decision Date
CaseChat Overview and Summary
The court dismissed Ms Finch’s application to restrain MinterEllison, Mr Felman KC, and any other counsel briefed by MinterEllison from acting on behalf of the respondents. The court also made an order suppressing certain parts of documents for as long as the suppression order remained on foot in the Organisation X proceeding. The substantive matter was adjourned for directions before Judge Young on 25 March 2024 at 9.30am.
Orders
Orders of the court
THE COURT ORDERS THAT:
1. The applicant’s application to restrain MinterEllison, Mr Felman KC and any other counsel briefed by MinterEllison from acting on behalf of the respondents be dismissed.
2. Pursuant to s.230(1)(b)(iv) of the Federal Circuit and Family Court of Australia Act 2021, the parts of documents set out in Annexure A be suppressed for as long as the suppression order remains on foot in the proceeding referred to in the reasons for judgment as the Organisation X proceeding.
3. The substantive matter be adjourned for directions before Judge Young on 25 March 2024 at 9.30am.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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