Re Landsal Pty Ltd (In Liquidation); WA Reid Constructions Pty Ltd (In Liquidation); Andrew Thomas Abraham Reid; Franklyn Richard John White and Kathleen Carole White v Rei Building Society, Now the Co-Operative Building Society of South Australi

(1993) 113 ALR 643; [1993] FCA 121

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Whether findings of fact and law published by trial judge constitute a 'judgment' or 'order'
5. › No formal order made
6. › Whether appeal lies
7. › Federal Court of Australia Act 1976 (Cth), s 24
1. Practice and Procedure
2. › Federal Court
3. › Implied jurisdiction
4. › Power to regulate own procedures
5. › Conducting trial in separate phases
6. › Whether O 29 of Federal Court Rules is sole source of power to determine issues separately
7. › Whether implied jurisdiction excluded by rules of court
1. Practice and Procedure
2. › Judgments and orders
3. › Distinction between findings and orders
4. › Whether published findings intended to be incorporated in order
5. › Whether findings constitute operative judicial acts

Quick Take

Where a trial judge exercises the court's implied jurisdiction to conduct a trial in separate phases (rather than proceeding under O 29), published findings of fact and law that are not intended to be incorporated into a formal order do not constitute a 'judgment' within s 24 of the Federal Court of Australia Act 1976 and cannot be the subject of an appeal. O 29 of the Federal Court Rules does not exclude the court's implied jurisdiction to determine issues in phases without making formal orders at each stage.