http://www.austlii.edu.au/au/cases/cth/FCAFC/2012/75.html

PRACTICE AND PROCEDURE – scope of remittal to the primary judge

EVIDENCE – whether s 94(3) of the Evidence Act 1995 (Cth) precluded the application of s 97 – whether further submissions should be received as to the applicability of s 97 to the admissibility of “impugned” emails in circumstances where no ground of appeal relied on s 97

COSTS – where appeals successful but the appellants were not successful on a substantial number of issues raised