Federal Court of Australia
CATCHWORDS
Objection to production of a document in a subpoena - confidentiality of communications between parties to an agreement reached in an industrial dispute - public interest in disclosure of the agreement - affected
persons within s.88DE - requirements of justice.
Trade Practices Act 1974 ss.45D, 45E Conciliation & Arbitration Act 1904 ss.26, 88DC, 88DE. 88DF
Lonrho v. Shell Petroleum (1989) 1 WLR 627
Dv. NSPCC (1978) Ac 171
Rogers v. Home Secretary (1973) AC 388
LAWRENCE NOEL GIBBINS & ORS v. THE AUSTRALASIAN MEAT
INDUSTRY EMPLOYEES UNION & ORS
VG NO. 99 of 1985
Smithers J.
7 March 1986
Melbourne.
Judge Making urde::
Oo
Date of Order:
Where Made:
VG NO, 99 OF 1985
MARLENE JUNE SIBRINS and
Between LAWRENCE NOEL GIBBINS, DALE STEHR BAKER (Applicants) And
Smithers J. 7 March 1986
Melbourne.
THE AUSTRALASTAN MEAT INDUSTRY EMPLOYEES UNION. ARTHITR BIRD, JOHN KENNETH BRUNT, WALTER F. CURFAN, BERT HUTCHINS, MAUPICE McPIKE, JACK O'TOOLE and THOMAS BORTHWICK AND SONS \AUSTPALASTA) LIMITED
(Respondents)
MINUTE OF ORDER
THE COURT ORDERS THAT:
m
The objection to
production or the document in question
in compliance with the subpoena 15 rejected.
2. The objector to pay the costs of this application.
NOTE: Settlement and entry or
the Rules of the Court.
Orders is dealt with in 0.36 of
IN THE FEDERAL COURT JF AUSTRALTA
VICTOPIA DISTRICT PEGISTPY VG NG. 99 OF 1985
GENERAL DIVISION
Between: LAWRENCE NOEL GIBBINS, MARLENE JUNE GIBBINS and DALE STEHR BAKER
\Applicants)
And: THE AUSTRALASIAN MEAT INDUSTRY EMPLOYERS UNIO?, AFTHUR BIRD, JOHN KENNETH
BRUNT, WALTER F. CURRAN, BERT HUTCHINS, MAURICE McPIFE, JACK O'TOOLE and THOMAS BORTHWICK AND SONS
(AUSTPALASTIA) LIMITED
(Respondents )
Coram: Smithers J,
Date: 7 March 19856
REASONS FOR JUDGMENT
In this proceeding the Deputy District Registrar of this Court 1ssued a subpoena ror production or documents directed to the Honourable Oeputy Presiaent [Isaac af the Australian Ponciliation and Arbitration Commission (the Deputy President) requiring him toa attend and produce to this court in these proceedings variscus documents "relating to the settlement and/or proposed cesoluticon of an industrial dispute referred fo in the transcript of proceedings dated 11 September 1980 numbered C3831 of 1980 between Thomas Soerthwick and Sons
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