Federal Court of Australia
CATCHWORDS
PRACTICE AND PROCEDURE - subpoena to produce documents - application to set aside - whether oppression - documents in use for other current legal proceedings - whether subpoena seeks discovery against stranger - whether documents sought relevant - whether ulterior motive for subpoena - whether subpoena uncertain or ambiguous - whether recipient can be compelled to make
inquiries as to whether particular documents answer description in
wt " el owe oa a ™
subpoena. é
Conciliation and Arbitration Act, 1904 s.119
THE MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES and
THE FIRE SPRINKLER CONTRACTORS' ASSOCIATION OF AUSTRALIA
v THE PLUMBERS AND GASFITTERS EMPLOYEES' UNION OF AUSTRALIA
NSW Nos. 7 and 8 of 1987
Gray J. 23 April 1987
Sydney
IN THE FEDEPAL COUPT OF ANSTRALTA
NEW SOUTH WALES NICSTRICT PEGISTRY
~e- er H+
INDUSTRIAL DIVISION
Between: THE MASTER BUILDERS
NEW Nis. 7 and 3 of 1587
ASSOCIATION OF NEW SOUTH
WALES and THE FIRE SPRINKLER CONTRACTORS'
ASSOCIATION OF AUSTRALIA
(Applicants)
B J fay
THE PLUMBERS AND GASFITTERS EMPLOYEES " UNION OF AUSTPALTIA
(Respondent )
Coram: Gray J.
Date: 23 April 1987
Place: Sydney
REASONS FOR JUDGMENT
These proceedings were commenced on 23rd January 1987, by the filing of applications pursuant to s.119 of the
Conciliation and Arbitration Act 1904. Each of the
applicants and the respondent is an organization registered pursuant to that Act. Each applicant alleges that the respondent 1s guilty cf breaches of an award made under that Act, the breaches alleged being the 1mposition of bans on the performance of certain kinds of work at various building
sites im New South Wales. The applicants seek the imposition
of penalties for those breaches.
Points of claim, and points of defence have been filed and served, as have affidavits. The matter has now been fixed for trial on 18th May 1987. Each of the applicants has been called upon to make, and has made, discovery of
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