PRACTICE AND PROCEDURE - application by respondents for stay of proceeding pending the determination of another proceeding - where other proceeding an appeal - where subject of both proceedings are patents in the same family of patents - whether determination of other proceeding is likely to have effect on proceedings - whether sufficient commonality of issues - stay refused
PRACTICE AND PROCEDURE - application for the hearing of a separate question pursuant to r 30.01 of Federal Court Rules 2011 (Cth) - whether claim that the proceeding is an abuse of process should be heard and determined as a separate question - where argument appears to involve a mixed question of fact and law - where no draft separate question provided - where proposed separate question raises a novel issue - application refused
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