whether primary judgment was final or interlocutory
whether reasonable prospect of success on appeal
Quick Take
1A judicial direction to receivers authorising final distribution is interlocutory where the court's supervisory jurisdiction remains on foot and further applications may be made with leave, even if the primary judge discouraged further disputation.
2Leave to appeal will be refused where, even if the applicant's construction of an order were accepted, the Full Court would very likely vary the order under r 39.05(e) of the Federal Court Rules 2011 (Cth) to give effect to the primary judge's clearly stated intention, rendering any success Pyrrhic.
3An order proposed by parties following mediation and described as 'not opposed' rather than 'consented to' is not a consent order; the court retains its own evaluative role in deciding whether to make the order.
