Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 Citation: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BHP COAL PTY LTD
File number: QUD 204 of 2011
Judge: COLLIER J
Date of judgment: 7 February 2012
Catchwords: PRACTICE AND PROCEDURE – Notice to Produce served pursuant to rule 30.28 Federal Court Rules 2011 – application to set aside Notice to Produce – comparison with subpoena duces tecum – principles governing the exercise of the power to set aside a Notice to Produce – timing of issue of Notice to Produce – not substitute for further and better discovery – apparent relevance – "fishing" – breadth of categories of documents sought
Legislation: Fair Work Act 2009 (Cth) Federal Court Rules O 15 r 8 Federal Court Rules 2011 r 20.17, r 30.28
Cases cited: Aon Risk Services Australia Ltd v ANU (2009) 239 CLR 175 cited Australian Competition & Consumer Commission v Shell Co of Australia Ltd [1999] FCA 212 cited Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Emergency Transport Technology Pty Ltd [2011] FCA 181 applied CCom Pty Ltd v Jiejing Pty Ltd (1992) 37 FCR 1 cited Cheung Kong Infrastructure Holdings Limited v BlueScope Steel Limited [2010] FCA 739 cited Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2011] FCA 1396 cited John Flower Diddams v Commonwealth Bank of Australia [1998] FCA 9497 cited Microsoft Corporation v CX Computer Pty Ltd (2002) 116 FCR 372 cited Seven Network Limited v News Limited (No 5) [2005] FCA 510 cited Seven Network Ltd v News Ltd (No 11) [2006] FCA 174 cited Sportsbet Pty Ltd v New South Wales (No 9) [2010] FCA 31 cited Tony Azzi Automobiles Pty Ltd v Volvo [2006] NSWSC 283 cited
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