Recent Cases

Shepherd v Watt [2022] FCAFC 78 (13 May 2022) (Greenwood, Burley and Halley JJ)


PRACTICE AND PROCEDURE – application for leave to appeal and appeal from orders made dismissing an application for leave to file an amended cross-claim and to extend the time to file evidence – whether sufficient doubt to warrant reconsideration of the discretion to make the orders – whether primary judge’s exercise of his discretion fell within the scope of House v The King (1936) 55 CLR 499 – whether the primary judge failed to give weight or sufficient weight to relevant considerations, being the timely, efficient and cost-effective resolution of proceedings and potential prejudice to the parties – whether the exercise of discretion was unreasonable or plainly unjust – whether the primary judge erred in his application of r 5.23 of the Federal Court Rules 2011 (Cth) in the absence of any application by the respondents – whether procedural fairness was afforded to the applicants – leave to appeal granted – appeal allowed