Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corporation Limited v Minister for Communications, Information Technology and the Arts [2007] FCA 1398
PRACTICE AND PROCEDURE – use of Notices to Produce in applications for discovery by a prospective respondent under O15A r6 Subpoenas and Notices to Produce – whether fishing constitutes oppression – the necessary distinction between 'apparent relevance' and 'relevance leading to admissibility' in the document production process Federal Court Rules Order 15 r11, r13 and r14, Order 15A r2, r6 and r10, Order 17 r1 and Order 33 r12 Evidence Act 1995 (Cth) ss 55-58 Global Intertrade Pty Ltd v Adelaide Festival Centre Trust [1999] FCA 162 referred to Tyco Australia Pty Ltd v Leighton Contractors Pty Ltd (2005) 142 FCR 428 applied Alphapharm Pty Limited v Eli Lilly Australia Pty Limited [1996] FCA 391 followed Waind v Hill and National Employers' Mutual General Association Ltd. (1978) 1 NSWLR 376 applied Seven Network Limited v News Limited (No 11) [2006] FCA 174 considered The Commissioner for Railways v Small (1938) 38 SR (NSW) 564 applied TELSTRA CORPORATION LIMITED v MINISTER FOR COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS NSD 1515 OF 2007
GRAHAM J
5 SEPTEMBER 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1515 OF 2007
BETWEEN: TELSTRA CORPORATION LIMITED
Applicant
AND: MINISTER FOR COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS
Respondent
JUDGE: GRAHAM J
DATE OF ORDER: 5 SEPTEMBER 2007
WHERE MADE: SYDNEY
THE COURT:
1. Orders that the applicant's Notice of Motion filed 21 August 2007, as amended on 22 August 2007, be dismissed. 2. Orders that the costs of the Motion be costs in the applicant's Amended Application filed 9 August 2007. 3. Directs that the applicant produce the documents the subject of the respondent's Notice to Produce dated 22 August 2007 (Ex AM2) before a Registrar on 12 September 2007 at 9.30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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