Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gregg v Fairfax Media Publications Pty Ltd [2017] FCA 440 File number(s): NSD 553 of 2016
Judge: RARES J
Date of judgment: 8 February 2017
Catchwords: PRACTICE AND PROCEDURE – stay of proceedings – concurrent criminal and civil proceedings involving party – application for stay of civil proceedings until determination of criminal proceedings – where substantive overlap of issues in criminal and civil proceedings – whether risk of prejudice to applicant's defence of criminal proceedings – whether onus on applicant to establish risk of prejudice – inherent power of Court to stay proceedings where interests of justice require such an order PRACTICE AND PROCEDURE – where both parties consented to stay of civil proceedings pending determination of criminal proceedings – where respondent sought to impose conditions on stay to allow for access to documents produced under subpoena and compel further production of documents the subject of unanswered portion of subpoena – where respondent sought access to documents under implied undertaking – inherent power of Court to impose conditions on order for stay – whether order granting inspection and compelling further production of documents necessary in interests of justice
Legislation: Corporations Act 2001 (Cth) s 1307 Federal Court of Australia Act 1976 (Cth) s 37AF Defamation Act 2005 (NSW) s 42
Cases cited: Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256 Beecee Group Ltd v Barton (1980) 5 ACLR 33 Cameron's Unit Services Pty Limited v Kevin R Whelpton Associates (Australia) Pty Limited (1984) 4 FCR 428 Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission (2016) 242 FCR 153 FAI General Insurance Company Ltd v Southern Cross Exploration NL (1958) 165 CLR 268 Grassby v The Queen (1989) 168 CLR 1 Halabi v Westpac Banking Corporation (1989) 17 NSWLR 26 Hearne v Street (2008) 235 CLR 125 Mansfield v Director of Public Prosecutions (WA) (2006) 226 CLR 486 National Employers' Mutual General Association Limited v Waind and Hill [1978] 1 NSWLR 372 Ransley v Commissioner of Taxation [2016] FCA 778 Tringali v Stewardson Stubbs & Collett Ltd (1966) 66 SR (NSW) 335
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