Wingecarribee Shire Council v Lehman Brothers Australia Limited (No 3)

Wingecarribee Shire Council, City of Swan Council and Parkes Shire Council were collectively the applicants who sought various orders in relation to proceedings they had commenced against Lehman Brothers Australia Limited. The applicants sought orders for the City of Swan Council and Parkes Shire Council to be joined as parties, leave to amend their applications and statements of claim, and costs orders. They also sought directions for the conduct of the proceedings including the establishment of sub-groups, a referral to mediation, and an exchange of documents and evidence. The court considered the legal principles relevant to each of the orders sought and determined that the City of Swan Council and Parkes Shire Council should be joined as applicants, and that the applicants should have leave to amend their applications and statements of claim. The court also determined that the proceedings should be conducted under Part IVA of the Federal Court Act and referred to mediation. The court made orders for the conduct of the proceedings, including establishing sub-groups, referring to mediation, exchanging documents and evidence, and setting a timetable for the proceedings. The court also made costs orders and listed the proceedings for further directions.

The applicants sought orders to join the City of Swan Council and Parkes Shire Council as parties, leave to amend their applications and statements of claim, and costs orders. The applicants also sought directions for the conduct of the proceedings including the establishment of sub-groups, a referral to mediation, and an exchange of documents and evidence. The court considered the legal principles relevant to each of the orders sought. The court determined that the City of Swan Council and Parkes Shire Council should be joined as parties and that the applicants should have leave to amend their applications and statements of claim. The court also determined that the proceedings should be conducted under Part IVA of the Federal Court Act and referred to mediation. The court made orders for the conduct of the proceedings, including establishing sub-groups, referring to mediation, exchanging documents and evidence, and setting a timetable for the proceedings. The court also made costs orders and listed the proceedings for further directions.