Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Index Group of Companies Pty Ltd v Nolan [2002] FCA 608 PRACTICE & PROCEDURE - discovery - confidential documents - considerations relevant to Court ordering limited discovery
Statutes Trade Practices Act 1974 (Cth) s 51AC
Cases Cameron v Rural Press Limited (Full Court, 20 July 1990, unreported) Referred to Home Office v Harman [1983] 1 AC 280 Referred to Mobil Oil Australia Ltd v Guina Developments Pty Ltd [1996] 2 VR 34Applied Trade Practices Commission v CC (NSW) Pty Ltd (1995) 58 FCR 426 Referred to
INDEX GROUP OF COMPANIES PTY LTD v HUGH DESMOND NOLAN AND ANNE NICOLA NOLAN and CONIMEX PTY LTD (ACN 093 545 718) AS TRUSTEE FOR THE NOLAN FAMILY TRUST
Q256 of 2001
KIEFEL J
BRISBANE
13 MAY 2002
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q256 OF 2001
BETWEEN: INDEX GROUP OF COMPANIES PTY LTD
(ACN 010 048 745)
APPLICANT
AND: HUGH DESMOND NOLAN AND ANNE NICOLA NOLAN
FIRST RESPONDENTS
CONIMEX PTY LTD (ACN 093 545 718) AS TRUSTEE FOR THE NOLAN FAMILY TRUST
SECOND RESPONDENT
JUDGE: KIEFEL J
DATE OF ORDER: 13 MAY 2002
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. Except for the purpose of briefing counsel or an expert independent of the respondents, the solicitors for the respondents are to take or retain only one copy of the documents numbered 461, 464, 466, 467, 468, 598, 599, 601 and 602 and to keep that copy in a secure place in their office. 2. The solicitors for the respondents are to retain only a copy of documents 576, 580, 581, 582, 584, 587, 588 and 589 which have the names identified in the affidavit of Jeffrey Douglas McKean filed on 3 May 2002 covered. 3. Except by leave of the Court, or with the written consent of the applicant, those parts of the documents referred to in the order numbered 1 which are marked as confidential and identified in the affidavit of Jeffrey Douglas McKean filed on 3 May 2002, are not to be divulged by the respondents, legal representatives or expert witnesses or their servants or agents, to any person or company other than counsel or independent experts for the respondents and are not to be used for any purpose other than these proceedings. THE COURT DIRECTS THAT: 4. The solicitors for the respondents provide a copy of this order to counsel or experts to whom the documents referred to in the order numbered 1 are given. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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