Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Quaker Chemical (Australasia) Pty Ltd v Fuchs Lubricants (Australasia) Pty Ltd [2019] FCA 370 File number: NSD 1210 of 2016
Judge: ROBERTSON J
Date of judgment: 18 March 2019
Catchwords: EVIDENCE – admissibility of documents produced by a third party in answer to a subpoena – whether representation was prepared or obtained for the purpose of conducting, or for or in contemplation of or in connection with, an Australian proceeding – whether authenticity a ground of admissibility
Legislation: Evidence Act 1995 (Cth) ss 58, 69
Cases cited: Australian Competition and Consumer Commission v Advanced Medical Institute Pty Ltd (No 2) [2005] FCA 1357; 147 FCR 235 Australian Competition and Consumer Commission v Air New Zealand Ltd (No 1) [2012] FCA 1355; 207 FCR 448 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (in liq) [2015] FCA 342; 235 FCR 181 Australian Securities and Investments Commission v Flugge (No 10) [2015] VSC 690 1 Commissioner of Taxation v Cassaniti [2018] FCAFC 212 Matthews v SPI Electricity Pty Ltd (Ruling 35) [2014] VSC 59 National Australia Bank v Rusu [1999] NSWSC 539; 47 NSWLR 309 Traffic Calming Australia Pty Ltd v CTS Creative Traffic Solutions [2015] VSC 741
Date of hearing: 15 March 2019
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
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