Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toll Transport Pty Ltd v Fleiter [2017] FCA 376 File number: QUD 948 of 2016
Judge: LOGAN J
Date of judgment: 3 April 2017
Catchwords: PRACTICE AND PROCEDURE – preliminary discovery – alleged misuse or risk of misuse of confidential information by prospective respondents – r 7.23 of the Federal Court Rules 2011 (Cth) – requirements for order for preliminary discovery – whether prospective application holds reasonable belief prospective respondent has or had control of relevant documents – whether prospective applicant lacks sufficient information to decide as to whether to commence proceedings – whether documents "directly relevant" – whether reasonable inquiries undertaken by prospective applicant – discretion to refuse relief – relevance of delay to exercise of discretion in r 7.23(2)
Legislation: Corporations Act 2001 (Cth) s 183 Federal Court Rules 2011 (Cth) r 7.23
Cases cited: George v Rockett (1990) 170 CLR 104 St George Bank Limited v Rabo Australia Limited (2004) 211 ALR 147 Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266 Tillmann's Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 42 FLR 33
Date of hearing: 3 April 2017
Registry: Queensland
Division: General Division
National Practice Area: Employment and Industrial Relations
Category: Catchwords
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