Jones v Treasury Wine Estates Limited [2016] FCAFC 59

FEDERAL COURT OF AUSTRALIA

Jones v Treasury Wine Estates Limited [2016] FCAFC 59 File number: NSD 660 of 2014

Judges: GILMOUR, FOSTER AND BEACH JJ

Date of judgment: 13 April 2016

Catchwords: PRACTICE AND PROCEDURE – anti-suit injunction – jurisdiction of Federal Court of Australia to grant anti-suit injunctions where group members in representative action seek to invoke power of a foreign court to obtain compulsory oral discovery – case management principles – supervisory role of Federal Court of Australia under Pt IVA of the Federal Court of Australia Act 1976 (Cth) in relation to class actions – oral discovery – use of pre-trial oral depositions pursuant to orders made by United States District Court where such order made may assist in overseas proceedings – whether, in a current class action proceeding in this Court, the plaintiff and a US-resident group member should be permitted to make and pursue applications to a US Federal Court for orders requiring persons who will or are likely to be called as witnesses in the proceeding in this Court to attend to be deposed in the US Court without notice to the other party and without notice to the Court

Legislation: Corporations Act 2001 (Cth), s 596A, s 596B Evidence Act 1995 (Cth), s 44 Federal Court of Australia Act 1976 (Cth) ss 20(1A), 23, 33ZF, 37M, 37N, 37P, 46, Pt IVA Federal Court Rules 2011 (Cth) rr 20.11, 20.13, 24.10, 29.11, 29.12 Foreign Evidence Act 1994 (Cth), s 7 28 USC § 1782 Federal Rules of Civil Procedure (US)

Cases cited: Alanco Australia Pty Ltd v Higgins (No 2) [2011] FCA 1063 Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 4) (1996) 64 FCR 61 Armstrong v Armstrong [1892] P 98 BrisConnections Finance Pty Ltd v Arup Pty Ltd [2015] FCA 1077 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2011] FCA 1396 CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 Intel Corporation v Advanced Micro Devices Inc 542 US 241 (2004) Martin v Tasmania Development Resources [1999] FCA 71 National Mutual Holdings Pty Ltd v The Sentry Corporation (1989) 22 FCR 209 Pathway Investments Pty Ltd v National Australia Bank Ltd (No 2) [2012] VSC 495 Sentry Corporation v Peat Marwick Mitchell & Co (1990) 24 FCR 463 South Carolina Insurance Co v Assurantie Maatschappij "De Zeven Provincien" NV [1987] AC 24 Australian Law Reform Commission's Report, Managing Discovery: Discovery of Documents in Federal Courts, (Report No 115, March 2011)