Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Munday v Commonwealth of Australia [2014] FCA 618 Citation: Munday v Commonwealth of Australia [2014] FCA 618
Parties: MICHEAL JOHN MUNDAY and CATHERINE ANNE DAY v COMMONWEALTH OF AUSTRALIA
File number: ACD 12 of 2013
Judge: KATZMANN J
Date of judgment: 12 June 2014
Catchwords: PRACTICE AND PROCEDURE – application seeking contact details of decision-makers so as to allow subpoenas to be issued for them to give evidence – whether a legitimate forensic purpose or a mere "fishing expedition"
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Human Rights Commission Act 1986 (Cth) ss 46PH(1)(c), 46PO Australian Prudential Regulation Authority Act 1998 (Cth) Disability Discrimination Act 1992 (Cth) ss 5, 6, 29 Judiciary Act 1903 (Cth) s 39B Superannuation Industry (Supervision) Regulations 1994 (Cth) reg 6.19A Federal Court Rules 2011 (Cth) rr 1.32, 20.11, 20.35, 21.01, 24.01, 24.12 Cases cited: Austal Ships Pty Ltd v Incat Australia Pty Ltd (No 3) (2010) 272 ALR 177; [2010] FCA 795 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Minister for Immigration & Multicultural & Indigenous Affairs v Wong [2002] FCAFC 327 WA Pines Pty Ltd v Bannerman (1980) 30 ALR 559 Wingecarribee Shire Council v Lehman Brothers Australia Ltd (No 4) [2010] FCA 1128
Date of hearing: 2 June 2014
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