Infocus Tax and Business Advisory Pty Ltd v Andrews (No 2)

The case of Infocus Tax and Business Advisory Pty Ltd v Andrews (No 2) involved the plaintiffs, Infocus Tax and Business Advisory Pty Ltd, seeking leave to amend their pleadings after the defendants had already given conditional consent. The dispute before the court revolved around the terms under which the amendment could proceed, given the conditional consent provided by the defendants. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues addressed by the court were whether the amendment to the pleadings should be allowed in its current form, and if so, under what conditions. The court also considered the implications of the defendants' costs associated with the amendment and the appropriateness of security for those costs. Furthermore, the court deliberated on whether to impose a condition that would prevent the plaintiffs from calling a lawyer for the other party at the hearing.

The court ruled that while the defendants had given conditional consent, the plaintiffs' draft amended pleadings did not adequately allege all material facts and provide all necessary particulars. Consequently, the court denied leave to file the amended pleadings in their present terms. Regarding costs, the court ordered that the plaintiffs must pay the defendants' costs of and occasioned by the amendment of the pleadings, but these costs need not be paid forthwith, nor should the court make gross sum costs orders. Additionally, the defendants were entitled to an order requiring the plaintiffs to increase the amount of the indemnity for costs by an appropriate amount. The court found that it would not be appropriate to impose a condition that the party seeking leave may not call a lawyer for the other party at the hearing.