The Focus Learning Group Pty Ltd v Quality Education Providers Pty Ltd [2020] FCA 1349

FEDERAL COURT OF AUSTRALIA

The Focus Learning Group Pty Ltd v Quality Education Providers Pty Ltd [2020] FCA 1349 File number: VID 492 of 2018

Judge: ANASTASSIOU J

Date of judgment: 30 June 2020

Catchwords: PRACTICE AND PROCEDURE - application by respondents to uphold a subpoena issued to a third party - review of decision made by a Judicial Registrar to set aside subpoena – whether subpoenaed documents serve a legitimate forensic purpose – application granted in part

Legislation: Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth), s 18 Federal Court of Australia Act 1976 (Cth), s 35A(5) Federal Court Rules 2011 (Cth), r 3.11(2)

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 13

Date of hearing: 30 June 2020

Counsel for the Applicant: Ms K. Brazenor Solicitor for the Applicant: Thomson Geer Lawyers

Counsel for the Respondents: Mr S. Rubenstein

Solicitor for the Respondents: Piper Alderman Lawyers

ORDERS VID 492 of 2018

BETWEEN: THE FOCUS LEARNING GROUP PTY LTD ACN 128 613 427 Applicant

AND: QUALITY EDUCATION PROVIDERS PTY LTD ACN 167 868 635 First Respondent

AMANJOT SINGH Second Respondent

GURPREET SINGH AHUJA Third Respondent

JUDGE: ANASTASSIOU J DATE OF ORDER: 2 JULY 2020

THE COURT ORDERS THAT:

1. Pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) and r 3.11(2) of the Federal Court Rules 2011 (Cth), paragraphs 1 and 2 of the Orders made by Judicial Registrar Luxton on 27 March 2020 be set aside. 2. Pursuant to r 24.15 of the Rules, paragraph 2 of the Subpoena issued by this Court on 16 May 2019 be set aside. 3. The parties have leave to uplift, inspect and copy the documents produced by the Australian Skills and Quality Authority (ASQA) in answer to paragraph 1 of the Subpoena, such documents to be returned within 7 days of being uplifted. 4. The documents produced to the Court by ASQA in answer to paragraph 2 of the Subpoena be returned to ASQA. 5. Each party bear their own costs of and incidental to: (a) the applicant's interlocutory application filed 18 June 2019; and (b) the respondents' interlocutory application filed 17 April 2020. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.