FEDERAL COURT OF AUSTRALIA

Australian Nursing Federation v Alcheringa Hospital Incorporated

[2003] FCA 654

AUSTRALIAN NURSING FEDERATION AND OTHERS v  ALCHERINGA HOSPITAL INCORPORATED

V 251 of 2003

RYAN J

MELBOURNE

6 JUNE 2003

THE COURT ORDERS THAT paragraphs 6, 7, 8 and 9 of the Order of Ryan J of 16 May 2003 be vacated and in lieu thereof IT IS ORDERED:

1.         THAT the applicants file and serve by 30 June 2003 any affidavit or affidavits it considers necessary in light of the respondent’s defence to assist the Court to determine the appropriate penalty and any further or other relief;

2.         THAT the respondent file and serve by 21 July 2003 any affidavit or affidavits on which it intends to rely in answer to the affidavit or affidavits referred to in paragraph 1 of this Order;

3.         THAT the application be set down on 30 July 2003 for trial confined to the issues of penalty and further or other relief.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

1                     I consider that in this matter there would be utility in preserving the requirement for the respondent to file and serve a defence so that the allegations that are admitted can be identified readily and with precision.  I shall direct that, once that has been done, the applicants file and serve any affidavit or affidavits it considers necessary in light of the respondent's defence to assist the Court to determine the appropriate penalty and any further or other relief.

2                     I shall afford the respondent an opportunity to file affidavits in reply and then give directions for the application to be set down for trial, confined to the issues of penalty and further or other relief.  In the interests of minimising costs, neither side will be required to prepare contentions of fact and law.  If either side wishes to do that as an aid in the presentation of its case at the hearing, that, of course, may be done.  The liberty to apply which was reserved by my Order of the 16 May 2003 will be retained. 

3                     Accordingly, I shall order that paragraphs 6, 7, 8 and 9 of my Order of 16 May 2003 be vacated.  That will preserve Order 5, requiring the filing and service by 13 June of the respondent's defence to the amended statement of claim.  In lieu of paragraphs 6, 7, 8 and 9 of the previous Order, it is ordered:

1.           That the applicants file and serve by 30 June 2003 any affidavit or affidavits it considers necessary, in light of the respondent's defence, to assist the Court to determine the appropriate penalty and any further or other relief.

2.           That the respondent file and serve by 21 July 2003 any affidavit or affidavits on which it intends to rely in answer to the affidavit or affidavits referred to in paragraph 1 of this Order.

3.           That the application be set down on 30 July 2003 for trial, confined to the issues of penalty and further or other relief.

I certify that the preceding three (3)

numbered paragraphs is a true copy

of the Reasons for Judgment herein

of the Honourable Justice Ryan.

Associate:

Dated:                          6 June 2003

Counsel for the Applicants:                   Mr R M Niall

Solicitor for the Applicants:                   Ryan Carlisle Thomas

Counsel for the Respondent:                 Mr F Turner

Solicitor for the Respondent:                 Michael P Rahilly

Date of Hearing:                                   6 June 2003

Date of Judgment:                                 6 June 2003