Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jack v CoreStaff NT Pty Ltd [2020] FCA 973 File number(s): NSD 2162 of 2018
Judge(s): BROMWICH J
Date of judgment: 10 July 2020
Catchwords: PRACTICE AND PROCEDURE – application for notice to produce to be set aside – where applicant alleges no legitimate reason to issue notice – whether additional discovery more appropriate to seek documents – where information necessary to ascertain the identity of potential group members – where affidavit based on information and belief stated no such documents existed – where such documents subsequently produced – where further affidavit evidence provided – where no evidence adduced to establish non-existence of documents – objection upheld in part – application otherwise dismissed
Legislation: Evidence Act 1995 (Cth) s 69(4) Federal Court of Australia Act 1976 (Cth) s 37M(1)
Cases cited: Ceramic Fuel Cells Ltd (in liq) v McGraw-Hill Financial Inc [2016] FCA 401; 245 FCR 340 FUD18 v Minister for Home Affairs [2019] FCA 1858 McGrath v HNSW Pty Ltd [2015] FCA 442; 232 FCR 532
Date of hearing: Determined on the papers
Date of last submissions: 6 May 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicants: Mr J J Fernon SC, Mr J C Conde
Solicitor for the Applicants: DLA Piper Australia
Counsel for the Respondent: Mr S J Maybury
Solicitor for the Respondent: Levitt Robinson Solicitors
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