Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lavecky v Visa Inc [2017] FCA 454 File number(s): NSD 557 of 2016
Judge(s): PERRAM J
Date of judgment: 8 May 2017
Catchwords: PRACTICE AND PROCEDURE – application for Court endorsement of proposed § 1782 applications under Title 28 of the United States Code – principles of case management – whether application a fishing expedition – whether Court should exercise discretion to endorse application to be filed in foreign jurisdiction
Legislation: Evidence Act 1995 (Cth) s 75 Federal Court of Australia Act 1976 (Cth) ss 37M, 37M(1) Federal Court Rules 2011 (Cth) r 20.23 United States Code (US) Title 28 § 1782
Cases cited: Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 4) [1996] FCA 1270; (1996) 64 FCR 61 Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1955) 72 WN (NSW) 250 Australian Competition and Consumer Commission v Visa Inc [2015] FCA 1020; (2015) 339 ALR 413 Jones v Treasury Wine Estates Ltd [2016] FCAFC 59; (2016) 241 FCR 111 Pathway Investments Pty Ltd v National Australia Bank Ltd (No 2) [2012] VSC 495 Sentry Corporation v Peat Marwick Mitchell & Co [1990] FCA 278; (1990) 24 FCR 463 South Carolina Insurance Company v Assurantie Maatschappij De Zeven Provincien NV [1987] AC 24
Date of hearing: 11 April 2017
Registry: New South Wales
Division: General Division
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