Federal Court of Australia
PRACTICE AND PROCEDURE - Subpoenas to give evidence and produce
documents - motion to set aside as 'abuse of process — power of court to issue subpoenas - role of Registrar - duty of legal practitioners procuring issue ~- no evidence as to burden of complying with requirement - no evidence as to ability or inability to give relevant evidence - classes of documents wide and irrelevant - subpoenas set aside as to the production of documents - liberty to apply on affidavit to set aside subpoenas to give evidence - motion for specific discovery - motion for
order for further particulars.
Federal Court of Australia Act s.23
Federal Court Rules
Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-725
Commissioner for Railways v Small (1938) 38 SR(NSW) 564
Alliance Petroleum Australia (NL) v Australian Gas Light Co.
(1982) 44 ALR 124 Dewley v Dewley (1971) 1 NSWLR 264 Lucas Industries Ltd v Hewitt (1978) 18 ALR 555
BURSWOOD MANAGEMENT LIMITED and WEST AUSTRALIAN-TRUSTEES LIMITED v BURSWOOD CASINO MOTEL/HOTEL PTY LTD and FRANCES@O?;BEMPASCIUTO and
AUSTRALIAN TELECOMMUNICATIONS COMMISSION eS No. WAG 54 of 1985 oo, ~ X : Vo pett hy, EIVED FRENCH J. = «AUG 1987 5 AUGUST 1987 S, AERAL GG JT OF AUSTIA LIA, PERTH - PRINCIPAL '
REGISTRY
"Motos
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
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No. WAG 54 of 1985
BETWEEN: BURSWOOD MANAGEMENT LIMITED and WEST AUSTRALIAN TRUSTEES LIMITED
Applicants and BURSWOOD CASINO MOTEL/HOTEL PTY LTD Hn First Respondent i and FRANCESCO BEMPASCIUTO Second Respondent ~ and
AUSTRALIAN TELECOMMUNICATIONS COMMISSION
Third Respondent \
MINUTE OF ORDERS
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 5 AUGUST 1987
WHERE MADE: PERTH a
THE COURT ORDERS THAT:
A. On the motions of Messrs. Hughes, Au, Lim, Reid, Perrott and Fisher dated 31 July 1987:-
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