Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TJ (on behalf of the Yindjibarndi People) v State of Western Australia (No 4) [2016] FCA 231 File number: WAD 6005 of 2003
Judge: MCKERRACHER J
Date of judgment: 9 March 2016
Catchwords: PRACTICE AND PROCEDURE - whether subpoena oppressive – whether narrowed subpoena oppressive – number of documents required to be produced pursuant to subpoena – amount of time for compliance with subpoena – age and location of documents required to be produced pursuant to subpoena PRACTICE AND PROCEDURE – non-party access to documents produced pursuant to subpoena – whether advantageous to non-party – primary objective to ensure efficient resolution of dispute PRACTICE AND PROCEDURE – legal professional privilege – application of principles – dominant purpose test – communication between solicitors and proposed expert witness
Legislation: Federal Court Rules 2011 (Cth) r 24.15
Cases cited: Australian Competition & Consumer Commission v Shell Co of Australia Ltd (1999) 161 ALR 686 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49 Fair Work Ombudsman v Lifestyle SA Pty Ltd (No 2) [2014] FCA 1152 Goldie v Getley (No 2) [2010] WASC 66 Southern Equities Corporation Ltd v West Australian Government Holdings Ltd (1993) 10 WAR 1 Trade Practices Commission v Sterling (1979) 36 FLR 244
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate