PRACTICE AND PROCEDURE - application for split trial pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) such that questions of liability would be heard and determined separately and prior to any questions of quantum - dispute regarding use of the word "Shape" in business names - misleading or deceptive conduct and false or misleading representation claims under the Australian Consumer Law - declarations, damages and injunctive relief sought under the Australian Consumer Law - passing off claim - damages or account of profits sought at the applicant's election for passing off - whether split trial would be just and convenient - relevant considerations - overlapping evidence on liability and quantum - potential difficulties arising from the same witnesses giving evidence twice - efficiencies gained and lost by splitting trial - relevance of applicant's right of election - application refused
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