Haswell v Commonwealth of Australia [2020] FCA 915

FEDERAL COURT OF AUSTRALIA

Haswell v Commonwealth of Australia [2020] FCA 915 File number: NSD 431 of 2020

Judge: LEE J

Date of judgment: 19 June 2020

Catchwords: PRACTICE AND PROCEDURE – implied undertaking not to use documents obtained by compulsory process for a collateral or ulterior purpose unrelated to the proceeding in which the information was obtained – where two documents prepared for the purposes of earlier class action proceedings sought to be used in related but separate class action – where solicitors for the applicant in the earlier class action did not agree to use of any non-public materials produced or created for the purpose of the earlier class actions in the new class action – where toxicology report produced pursuant to referral received into evidence and adopted as findings of the Court in earlier class action – where joint chemistry report was not received into evidence – where information constituting a summary of the reasoning of the joint chemistry report had been disclosed in submissions – consideration of relevant principles – continuing maintenance of the undertaking once a document is tendered in evidence or formally read in open court inconsistent with the relevant information being in the public domain – parties relieved of implied undertaking with respect to information contained in joint chemistry report and adjectival information provided by any party to referee for the purposes of inquiry and preparation of toxicology report.

Legislation: Constitution Ch III Family Law Act 1975 (Cth) s 121 Federal Court of Australia Act 1976 (Cth) ss 33V, 37AE, 37AG Federal Court Rules 2011 (Cth) rr 2.32, 20.03, 28.67