Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Career Step, LLC v TalentMed Pty Ltd [2017] FCA 492 File number: NSD 562 of 2017
Judge: ROBERTSON J
Date of judgment: 23 May 2017
Catchwords: PRACTICE AND PROCEDURE – application for discovery before filing of defence – application for an order for inspection of property, specifically access to the respondents' computers, under r 14.01 of the Federal Court Rules 2011 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 14.01, 20.13
Cases cited: Cadence Australia Pty Ltd v Chew [2008] NSWSC 1074 Norm Engineering Pty Ltd v Digga Australia Pty Ltd [2005] FCA 1378
Date of hearing: 23 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: Mr S Balafoutis
Solicitor for the Applicant: Hogan Lovells
Counsel for the Respondents: Mr A Fox
Solicitor for the Respondents: Arnold Bloch Leibler
ORDERS NSD 562 of 2017
BETWEEN: CAREER STEP, LLC Applicant
AND: TALENTMED PTY LTD ACN 125 458 808 First Respondent
LYNDIE ELLEN ARKELL Second Respondent
TIMOTHY ARKELL Third Respondent
JUDGE: ROBERTSON J DATE OF ORDER: 23 MAY 2017
THE COURT ORDERS THAT:
1. The respondents provide a computer expert nominated by the applicant, that expert being Mr Nigel Carson, with access to the respondents' computers (including, as may be required, providing or inputting passwords) that store the content of the TalentMed Course (including every version of the TalentMed Course, and drafts of the TalentMed Course (TalentMed Course Materials)), by 26 May 2017. 2. The respondents direct Mr Carson to the appropriate places where the TalentMed Course Materials are stored. 3. The respondents permit Mr Carson to take copies of any material, data or information stored on the respondents' computers recording the TalentMed Course Materials, on condition that: (i) Mr Carson provide the respondents with the copies taken of the TalentMed Course Materials for the purpose of any claim by the respondents that the documents are subject to legal professional privilege or contain confidential information of the respondents or do not constitute TalentMed Course Materials; (ii) the respondents complete their review within four business days of being provided with a copy of the TalentMed Course Materials; (iii) upon completion of their review, the respondents identify any items subject to a claim made by the respondents under (i) above; (iv) save for any document subject to a claim as referred to in (iii), Mr Carson may deliver to the applicant a copy of the TalentMed Course Materials, access to those materials being limited to: (a) the applicant's legal representatives in these proceedings; and (b) the eight representatives of the applicant listed in attachment A of annexure A to the orders made on 15 May 2017 who have undertaken to keep the course materials confidential on the terms of the undertaking at annexure A to those orders, which copy the applicant may use only for the purpose of these proceedings.
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