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GMB Research & Development Pty Ltd v Commonwealth

GMB Research & Development Pty Ltd v Commonwealth

Case [1997] FCA 934 28 August 1997

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Details

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

CaseChat Overview and Summary

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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.

Note:

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Citations

AGLC Citation

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 · 43 of 43 shown

Low (Liquidator) v Hughes
[2025] FCA 861 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 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 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 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 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 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

…GMB Research & Development Pty Ltd v Commonwealth [1997] FCA 934…
Onza Industries Pty Ltd v Tingalpa Tyre and Mechanical Pty Ltd
[2020] QSC 244 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 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 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 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 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 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 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 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 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 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),…
Lion-Dairy and Drinks Pty Limited v Jacobs Group (Australia) Pty Ltd (No 4)
[2014] FCA 896 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…
A.L Builders Pty Ltd v Fatseas
[2014] QCAT 92 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…
Meaden v Bell Potter Securities Ltd (No 6)
[2013] FCA 1176 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…
Accor Australia and New Zealand Hospitality Pty Ltd v Liv Pty Ltd
[2013] FCA 379 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…
Devonshire v Magellan Powertronics Pty Ltd & Ors
[2013] FMCA 207 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 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 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 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

…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 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 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 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 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

…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 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 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…
Waste Recycling and Processing Corporation T/as WSN Environmental Solutions v United Resource Management Pty Limited
[2006] NSWSC 1140

…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…
SPI Spirits (Cyprus) Ltd v Diageo Australia Ltd
[2006] FCA 14 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 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 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 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 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 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 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…
Clarkel Holdings Pty Ltd (in liq) v Kelly
[1999] FCA 1266 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 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…

View all 43 citing cases →

Cases cited in this decision · 4 of 4 shown

Hughes Aircraft Systems International v Airservices Australia
[1997] FCA 1011

…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…
Hitchcock v Warner Bros Movie World
[1995] IRCA 246

…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.”…
Patrick v Steel Mains Pty Ltd
[1987] FCA 350

…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

…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…

Legislation cited in this decision · 1

Trade Practices Act 1974 (Cth)
1 mention