Posted on fed court website...key result: The proceeding is...

Posted on fed court website...key result: The proceeding is stood over for further directions to 9.30am on 6 February 2014. So we get an 8 month window to get the plant producing as best as possible.

https://www.comcourts.gov.au/file/Federal/P/NSD568/2013/actions#;javascript:void(0);


THE COURT ORDERS THAT:

1. Subject to these orders or any other order or direction of the Court:
(a) At the trial of this proceeding the evidence of witnesses whether in chief or in reply is to be given by affidavit.
(b) Any evidence in chief or in reply of any conversation involving any representative of either the applicant or the respondent is to be given orally.
(c) Any evidence of any conversation that is to be given in accordance with sub-para (b) above may only be given if the party seeking to adduce such evidence has filed and served a statement in summary form giving particulars of the conversation which must specify:
• when and where the conversation occurred;
• who was party to the conversation and (if applicable) who else was present;
• the substance of the conversation.
(d) No party may adduce evidence in chief or in reply of any conversation to which sub-para (c) applies unless that party has filed and served a statement giving particulars of the conversation in accordance with these orders.
2. The applicant is to file and serve any affidavits or statements to be relied upon in chief by 31 October 2013.
3. The respondent is to file and serve any affidavits or statements to be relied upon in chief by 6 December 2013.
4. At the time a party files its affidavits and statements in accordance with these orders that party must also serve upon the other party a copy of any documents upon which that party intends to rely upon at the trial.
5. Not less than 14 days before the next directions hearing any party seeking discovery of documents must file and serve a Schedule that identifies categories of documents in relation to which discovery is sought and which specifies in relation to each such category the relevance of the category to the issues in the proceeding and which includes a reference to any paragraph of a pleading, affidavit or statement which is to be said to be relevant to the question whether any order for discovery should be made in respect of the category of documents in question.
6. Not less than 7 days prior to the next directions hearing the parties’ legal representatives are to confer with a view to reaching agreement in relation to the scope of the discovery proposed.
7. Not less than 2 clear working days before the next directions hearing the parties are to forward to the Associate to Nicholas J revised versions of the Schedules referred to in order 5 above that takes account of any agreement or concession made in relation to the scope of discovery proposed.
8. Each party has liberty to apply on 5 days notice.
9. The proceeding is stood over for further directions to 9.30am on 6 February 2014.