Martin, N. v Lewis Construction Co. Pty Ltd [1986] FCA 212

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IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) No. V. 6 of 1986 ) )

INDUSTRIAL DIVISTON

BETWEEN:

~ NORMAN MARTIN and

LEWIS CONSTRUCTION COMPANY

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29 MAY, 1986 KEELY J.

REASONS FOR JUDGMENT

Norman Martin (the prosecutor) laid an information

alleging that on 14 February 1986 Lewis Construction Company Pty. Ltd. (the defendant) had dismissed him by reason of the circumstance that he was a member of the Australian Building Construction Employees and Builders Labourers' Federation (the Federation), an organization of employees then yegistered under the Conciliation and Arbitration Act (the Act). The information was laid and filed on 24 February 1986, on which date a summons was issued, containing

particulars of the charge.

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On 13 May 1986 three subpoenas for the production of documents were issued, at the request of the defendant's solicitors, addresséd to the General Secretary of the Federation, the Secretary of the Victorian Branch of the Federation and the Secretary of the N.S.W. Branch of the Federation. The court was— informed by counsel for the parties and the persons to whom the subpoenas were addressed that those subpoenas were in identical terms. The subpoenas

sought the production of a large number of documents which

were identified or described in 49 paragraphs in a schedule

to each subpoena. Paragraphs 1-41 {both inclusive) identified certain documents and paragraphs 42-49 (both

inclusive) described documents by reference to a class.

On 15 May 1986 three further subpoenas for the production of documents, addressed in the same way, were issued at the request of the defendant's solicitors. Those subpoenas, which were in identical terms, sought the production of documents described in three paragraphs by reference to a class of documents. It was made clear to the