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GMB Research & Development Pty Ltd v Commonwealth

GMB Research & Development Pty Ltd v Commonwealth

Case [1997] FCA 934

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AGLC: GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934
Case: [1997] FCA 934
Decision Date: 28 AUGUST, 1997

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Orders

Orders of the court

The notice of motion filed by the respondents on 23 July 1997 be dismissed.

Costs of the motion be costs in the cause.

The applicant prepare short minutes of order giving effect to the agreement between the parties and the Court’s ruling on disputed issues in relation to the applicant’s notice of motion filed on 23 June 1997.

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Evidence

Evidence Before The Court

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Citations

GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934

Most Recent Citation

Reading Australia Pty Ltd v Australian Mutual Provident Society [1999] FCA 718

Cases Citing This Decision

Low (Liquidator) v Hughes [2025] FCA 861
Citation 1 (Para 10)

…ctual issues both at the time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling…
Aristocrat Technologies Australia Pty Limited v Light & Wonder, Inc. (No 3) [2025] FCA 775
Citation 2 (Para 9)

…hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial — possibly involving the calling of the same witnesses at both stag…
Niclin Constructions Pty Ltd v Yatala Formwork Pty Ltd [2023] QSC 285
Citation 3 (Para 6)

…d (iii)prolong rather than shorten the litigation.[9] [6]Ibid at 607 (per Kirby P). [7] GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934. [8] [9] GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934.…
ACK Pty Ltd v Mercy Human Services Limited [2023] WASC 448
Citation 4 (Para 1)

…Pty Ltd v Australian Mutual Provident Society [1999] FCA 718; (1999) 217 ALR 495 [8(g)], citing GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934.…
Lo Pilato (Trustee), in the matter of Ghougassian (Bankrupt) v Ghougassian [2022] FCA 1117
Citation 5 (Para 4)

…e evidence adduced on the hearing of the separate determination and at trial ( GMB Research & Development Pty Ltd v Commonwealth of Australia [1997] FCA 934 ( GMB ) and Reading Australia Pty Ltd v Australia Mutual Provident Society (1999) 217 ALR 495 ( Reading Australia ) at [8]); (d)Related to point (c), it resu…
Murphy v Number One Quality Homes Pty Ltd [2022] QCATA 125
Citation 6 (Para 2)

…ther than shorten the litigation.[18] [15](1999) 217 ALR 495, at 499, [7] per Branson J. [16] GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934. [17] GMB Research & Development Pty Ltd v The Commonwealth (supra); Arnold v Attorney-General for Victoria [1995] FCA 727). [18] GMB Research & Develo…
Number One Quality Homes Pty Ltd v Murphy & Anor [2020] QCAT 339
Citation 7

…GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934…
Onza Industries Pty Ltd v Tingalpa Tyre and Mechanical Pty Ltd [2020] QSC 244
Citation 8 (Para 2)

…l issues both at the time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling o…
Taylor v Killer Queen LLC [2020] FCA 444
Citation 9 (Para 10)

…earing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial — possibly involving the calling of the same witnesses at both stages…
Prodata Solutions Pty Ltd v South Australian Fire and Emergency Services Commission (No 2) [2019] FCA 2051
Citation 10 (Para 5)

…earing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the same witnesses at both stages…
Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 4) [2019] FCA 1275
Citation 11 (Para 2)

…ence adduced on the hearing of the separate determination and at trial ( GMB Research & Development Pty Ltd v Commonwealth of Australia [1997] FCA 934 ( GMB ) and Reading Australia Pty Ltd v Australia Mutual Provident Society (1999) 217 ALR 495 ( Reading Australia ) at [8]); (d)Related to point (c), it results in…
Triguboff v Fairfax Media Publications Pty Ltd [2018] FCA 845
Citation 12 (Para 14)

…he hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the same witnesses at both sta…
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (MV Portland Separate Question Case) [2018] FCA 956
Citation 13 (Para 11)

…hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the same witnesses at both stage…
Buchanan v TAL Life Limited [2015] FCA 42
Citation 14 (Para 8)

…hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the same witnesses at both stage…
Latteria Holdings Pty Ltd v Corcoran Parker Pty Ltd (No 2) [2014] FCA 1378
Citation 15 (Para 16)

…earing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial — possibly involving the calling of the same witnesses at both stage…
Mair Renovations v Miller [2014] QCAT 474
Citation 16 (Para 5)

…es both at the time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the s…
Australian Energy Regulator v Snowy Hydro Limited [2014] FCA 1013
Citation 17 (Para 25)

…etween the evidence adduced on the hearing of the separate determination and at trial (GMB Research & Development Pty Ltd v Commonwealth of Australia [1997] FCA 934 ( GMB ) and Reading Australia Pty Ltd v Australia Mutual Provident Society (1999) 217 ALR 495 ( Reading Australia ) at [8]); (d)Related to point (c),…
Meaden v Bell Potter Securities Ltd (No 6) [2013] FCA 1176
Citation 18 (Para 1)

…hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the same witnesses at both stage…
Devonshire v Magellan Powertronics Pty Ltd & Ors [2013] FMCA 207
Citation 19 (Para 4)

…s both at the time of the hearing of the preliminary question and at the time of trial (GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934 ); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of t…
Graham's Factree Pty Ltd v Oak Enterprises (No 1) [2012] FCA 1033
Citation 20 (Para 8)

…sues both at the time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial — possibly involving the calling of the…
QCoal Sonoma Pty Ltd (Principal Holder) v Reed [2012] QLC 33
Citation 21 (Para 1)

…time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the same witnesses…
University of Sydney v ResMed Limited (No 5) [2012] FCA 232
Citation 22 (Para 18)

…ing of the preliminary question and at the time of trial (GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the same witnesses at both stages…
Advance Traders Pty Ltd v McNab Constructions Pty Ltd [2011] QSC 212
Citation 23

…ctual issues both at the time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the callin…
Nunagin Holdings Pty Ltd v Evertop Investments Pty Ltd (No 2) [2010] FCA 1228
Citation 24 (Para 8)

…l issues both at the time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling…
Wylie v McCann Worldgroup Pty Limited [2010] FMCA 457
Citation 25 (Para 17)

…e hearing of the preliminary question and at the time of trial (GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial — possibly involving the calling of the same witnesses at both sta…
BW Offshore Ltd v Anzon Australia Limited [2009] FCA 1133
Citation 26 (Para 14)

…sues both at the time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934; (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of…
Sadiqi v Commonwealth (No 2) [2009] FCA 1117
Citation 27 (Para 9)

…ring of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of the same witnesses at both stage…
Smith v Professional Suites Community Title Scheme [2008] QDC 252
Citation 28

…General Motors Acceptance Corporation Australia v RACQ Insurance Ltd [2003] QSC 80 GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934 Jacobson v Ross [1995] 1 VR 337 Knaggs v Queensland Building Services Authority & Anor [2005] QSC 260 Landsal Pty Ltd (in liq) v REI Building Society (1993) 113…
Verge & Anor v Devere Holdings Pty Ltd & Ors (No.2) [2008] FMCA 743
Citation 29 (Para 2)

…s both at the time of the hearing of the preliminary question and at the time of trial (GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934 ); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of t…
David Jones Ltd v The Australia Institute Ltd [2007] FCA 962
Citation 30 (Para 13)

…earing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934; (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the same witnesses at both stages…
SPI Spirits (Cyprus) Ltd v Diageo Australia Ltd [2006] FCA 14
Citation 31 (Para 8)

…of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934); (iii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of the same witnesses at both stages…
Allianz Australia Services Pty Limited v Wilson [2005] FCA 1783
Citation 32 (Para 29)

…sues both at the time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934(. (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of th…
Bathox Australia Pty Ltd v PJ SAS Trading Pty Ltd [2004] FCA 1082
Citation 33 (Para 5)

…both at the time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of th…
Soufflet Beheer v AWB Limited [2004] FCA 518
Citation 34 (Para 11)

…preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of the same witnesses at both stages of the h…
Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd [2004] FCA 293
Citation 35 (Para 6)

…the preliminary question and at the time of trial (GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of the same witnesses at both stages of t…
Village Building Company Limited v Canberra International Airport Pty Limited [2003] FCA 1195
Citation 36 (Para 8)

…he time of the hearing of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934; (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the same witn…
Bertran v Vanstone [1999] FCA 1427
Citation 37 (Para 18)

…of the preliminary question and at the time of trial ( GMB Research and Development Pty Ltd v The Commonwealth [1997] FCA 934); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial – possibly involving the calling of the same witnesses at both stage…
Waste Recycling and Processing Corporation T/as WSN Environmental Solutions v United Resource Management Pty Limited [2006] NSWSC 1140
Citation 38

…Limited [2006] HCA Trans 534 Energy Australia v Australian Energy Ltd [2001] FCA 1049 GMB Research & Development Pty Ltd v Commonwealth of Australia [1997] FCA 934 Griffiths v Northern Territory of Australia [2003] FCA 1177 Idoport v NAB [2005] NSWSC 1273 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWS…
A.L Builders Pty Ltd v Fatseas [2014] QCAT 92
Citation 39 (Para 14)

…f the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial — possibly involving the calling of the same witnesses at both stages of the…
Lion-Dairy and Drinks Pty Limited v Jacobs Group (Australia) Pty Ltd (No 4) [2014] FCA 896
Citation 40 (Para 26)

…of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934 ; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of the same witnesses at both stages o…
Accor Australia and New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2013] FCA 379
Citation 41 (Para 13)

…ring of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial — possibly involving the calling of the same witnesses at both stages…
Clarkel Holdings Pty Ltd (in liq) v Kelly [1999] FCA 1266
Citation 42 (Para 15)

…ng of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934); (ii) result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of the same witnesses at both stage…
Reading Australia Pty Ltd v Australian Mutual Provident Society [1999] FCA 718
Citation 43 (Para 8)

…ring of the preliminary question and at the time of trial ( GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934; (ii)result in significant overlap between the evidence adduced on the hearing of the separate question and at trial - possibly involving the calling of the same witnesses at both stage…

Cases Cited

Statutory Material Cited

Hitchcock v Warner Bros Movie World [1995] IRCA 246
Citation 1

…use the procedure. TVW Enterprises v Duffy (unreported, Toohey J, 28 March 1985); Blurton v Minister for Aboriginal Affairs (1991) 29 FCR 442 at 449.”…
Hughes Aircraft Systems International v Airservices Australia [1997] FCA 1011
Citation 2

…This form of pleading owes more than a little to the recent judgment of Finn J in Hughes Aircraft Systems International v Air Services Australia (1997) 146 ALR 1 (Fed Ct/Finn J). In addition, par 11 alleges that the contract included an implied term that, if GMB’s response met the mandatory criteria, it would pass…
Patrick v Steel Mains Pty Ltd [1987] FCA 350
Citation 3

…decisive of the issue. Carl Zeiss Stiftung v Herbert Smith & Co [1969] 1 Ch 93 at 98; Orison Pty Ltd v Strategic Minerals Corp N.L. (1987) 77 ALR 141 at 149-150. The procedure can be appropriate even though a decision on the preliminary issue or issues will not determine the litigation: it is enough if the determina…
Rhone-Poulenc Agrochimie SA v UIM Chemical Services Pty Ltd [1985] FCA 476
Citation 4

…it is enough if the determination will ‘substantially narrow the field of controversy’. See CBS Productions Pty Ltd v O’Neill (1985) 1 NSWLR 601 at 606 and O 29(4). Whether the procedure is appropriate in a particular case will in large part depend upon the Court being satisfied that, even if it will not put an end t…

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