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Written submissions, party not at liberty to file other than in accordance with directions of Court

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Wollongong City Council v Legal Business Centre Pty Limited (No 2) [2012] NSWCA 366. Beazley JA.

[32] Before making orders in the matter, reference should be made to further correspondence from LBC Lawyers to the Registrar on 29 October 2012 said to enclose "an addendum to the Respondent's submission"

These so-called submissions were delivered to the Court without any direction by the Court that further submissions were to be filed.

In the usual course, the Court will not have regard to such submissions: see Carr v Finance Corporation of Australia Ltd (No 1) [1981] HCA 20147 CLR 246 at 257-8; Jackson v Conway [2000] FCA 1530 at [29]Singh v Secretary, Department of Employment and Workplace Relations [2009] FCAFC 59. 

As these cases indicate, a party is not at liberty to file written submissions other than in accordance with the court's directions. As the Court remarked in Singh, were it otherwise, a case could go on interminably.






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