Federal Court of Australia
Federal Court of Australia
Seven Network (Operations) Limited v Fairfax Media Publications Pty Limited [2023] FCAFC 185 Appeal from: Roberts-Smith v Fairfax Media Publications Pty Limited (No 43) [2023] FCA 886
File numbers: NSD 870 of 2023 NSD 875 of 2023
Judgment of: WHEELAHAN, ANDERSON AND JACKMAN JJ
Date of judgment: 30 November 2023
Catchwords: PRACTICE AND PROCEDURE – appeals from interlocutory decision refusing to set aside subpoenas and part of notice to produce – whether the primary judge erred by expressing the issue of apparent relevance as being whether the documents "could possibly throw light on the issues that arise" – relevant principles for assessing the validity of subpoenas – whether the primary judge erred in concluding that the "whole of the relationship" between the third parties and the applicant was relevant – whether subpoenas impermissibly broad – appeals dismissed
Legislation: Federal Court Rules 2011 (Cth) r 24.15
Cases cited: Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner of Taxation [2001] HCA 26; (2001) 179 ALR 406 Australian Competition and Consumer Commission v Shell Co of Australia Ltd [1999] FCA 212; (1999) 161 ALR 686 Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 4) [2012] FCAFC 50; (2012) 200 FCR 154 FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v FP Special Assets Ltd [1992] HCA 28; (1992) 174 CLR 178 Lucas Industries Ltd v Hewitt (1978) 45 FLR 174 Re Force Corp Pty Ltd (Receivers and Managers appointed) (in liq) [2018] NSWSC 896 Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555 Roberts-Smith v Fairfax Media Publications Pty Limited (No 42) [2023] FCA 750 Roberts-Smith v Fairfax Media Publications Pty Limited (No 43) [2023] FCA 886 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Seven Network (Operations) Limited v Fairfax Media Publications Pty Limited [2023] FCA 1154 Spencer Motors Pty Ltd v LNC Industries Ltd [1982] 2 NSWLR 921 Trade Practices Commission v Arnotts Ltd (No 2) [1989] FCA 340; (1989) 88 ALR 90 Transport Industries Insurance Co Ltd v Longmuir [1997] 1 VR 125 Wong v Sklavos [2014] FCAFC 120; (2014) 319 ALR 378
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate