Hughes, K.J. v. Western Australian Cricket Association & Ors [1986] FCA 220

-73 Io

Practice and Procedure - application for issue of subpoena duces

tecum against a stranger to the proceedings to produce documents

prior to the date fixed for hearing - no express provision in the

Rules for the issue of a subpoena to produce documents in advance of the hearing - whether Court has power to make order sought -

scope of 5.23 of the Act and 0.27 of the Rules

Federal Court of Australia Act 1976 s.23 Federal Court Rules 0.27

KIMBERLEY JOHN HUGHES v. WESTERN AUSTRALIAN CRICKET

ASSOCIATION (INC.) and MI. LAWLEY DISTRICT CRICKET CLUB (INC. )

and OTHERS and LESLIE ANNISON (Sued on behalf of himself and all other members of the Southern District Cricket Club) and OTHERS and KEVIN MORRIS TAYLFORTH (Sued on behalf of himself and all other members of the Cricket Council of Western Australian Cricket Association (Inc.))

No. WA G14 of 1986

TOOHEY J. PERTH 30 MAY 1986

IN THE FEDERAL COURT OF AUSTRALTA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA G14 of 1986

wwe er

BETWEEN:

KIMBERLEY JOHN HUGHES Applicant

and

WESTERN AUSTRALIAN CRICKET ASSOCIATION (INC. ) First Respondent

and

MI. LAWLEY DISTRICT CRTCKET CLUB (INC.) and OTHERS Second Respondents

and

LESLIE ANNISON (Sued on behalf of himself and all other members of the Southern District Cricket

Club) and OTHERS Third Respondents

and

KEVIN MORRIS TAYLFORTH (Sued on

behalf of himself and all other members of the Cricket Council of Western Australian Cricket

Association (Inc.)) Fourth Respondents

CORAM: TOOHEY J. 30 May 1986

REASONS FOR JUDGMENT

The question presently before the Court is this - has a Judge of the Federal Court power to order the issue of a subpoena duces tecum to someone not a party to the proceeding to produce

documents to the Court on a date earlier than the date fixed for

2.

the hearing of the application? Tt is a question that requires an