Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Spencer v Commonwealth of Australia [2017] FCA 83 Appeal from: Spencer v Commonwealth of Australia [2015] FCA 754
File number(s): NSD 961 of 2015
Judge(s): GRIFFITHS J
Date of judgment: 9 February 2017
Catchwords: PRACTICE AND PROCEDURE – interlocutory application to set aside a notice to produce – interlocutory application under r 36.57 of the Federal Court Rules 2011 to receive further evidence in the appeal – interlocutory application for leave to amend notice of appeal – whether notice to produce oppressive and not reasonably relevant to issues in the appeal. Held: notice to produce set aside and application to adduce further evidence in the appeal dismissed – leave granted to amend notice of appeal.
Legislation: Constitution s 51(xxxi) Conveyancing Act 1919 (NSW) s 87As Federal Court Rules 2011 r 36.57
Cases cited: ICM Agriculture Pty Ltd v Commonwealth [2009] HCA 51; 240 CLR 140 Plain Packaging Case [2012] HCA 43; 250 CLR 1 Seven Network Ltd v News Limited (No 5) [2005] FCA 510; 216 ALR 147 Spencer v Commonwealth of Australia [2015] FCA 754
Date of hearing: 9 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 27
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