Federal Court of Australia
CATCHWORDS
Practice and procedure - information alleging breach of s.5(1)(a)
Conciliation and Arbitration Act in respect of dismissal of
prosecutor - application to amend information so as to include
alternatively or cumulatively breach of s.5(1)(f£) Conciliation
and Arbitration Act on same information 1n respect of same
dismissal ~- whether amendment rendered information bad for
duplicity - principles to be applied.
Practice and procedure - application for further and better particulars of "facts and circumstances" surrounding the
dismissal ~ whether answer to particulars adequate.
Practice and procedure - application for discovery against the
prosecutor - whether appropriate in criminal proceedings -
principle to be applied - whether different because prosecutor is private individual - whether 0.49 £r.4(2) and 0.10 r.1(1) made
provision for discovery in present case - whether order for
discovery "proper" in criminal proceedings.
Matters no. 7 & 8 of 1985
PAUL MICHAEL NOACK and GENERAL MOTORS-HOLDENS LIMITED
FORSTER J. ADELAIDE
25 SEPTEMBER 1985
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IN THE FEDERAL COURT OF AUSTRALIA )
)
SOUTH AUSTRALIAN DISTRICT REGISTRY)
) Nos. 7 & 8 of 1985
INDUSTRIAL DIVISION )
JUDGE MAKING ORDER WHERE MADE DATE OF ORDER
BETWEE N:
PAUL MICHAFT, NOACK
Prosecutor - and - GENERAL MOTORS-HOLDENS LIMITED
Defendant
MINUTE OF ORDER
FORSTER, J. ADELAIDE
25 SEPTEMBER 1985
ae ob oe
THE COURT ORDERS THAT:
1.
Leave be granted to the prosecutor to amend the information in action number 7 of 1985.
The prosecutor be at liberty to discontinue action number 8 of 1985.
The prosecutor do pay the defendant's costs to be taxed,
referable only to action number 8 of 1985 and not to
include costs referable to action number 7 of 1985. The prosecutor do give to the defendant the further and better particulars as requested by para. 4 of the
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