Federal Court of Australia
Federal Court of Australia
Shorey v One Key Workforce Pty Ltd (in liq) [2020] FCA 1750 File number: VID 548 of 2020
Judgment of: MURPHY J
Date of judgment: 3 December 2020
Catchwords: PRACTICE AND PROCEDURE – application for discovery from a prospective respondent under r 7.23 of the Federal Court Rules 2011 (Cth) – application for discovery of insurance policies to decide whether to seek leave under s 471B of the Corporations Act 2001(Cth) to bring a proceeding against a company in liquidation – application dismissed
Legislation: Corporations Act 2001 (Cth) s 471B Evidence Act 1995 (Cth) Fair Work Act 2009 (Cth) ss 44, 45, 117, 545 Federal Court of Australia Act 1976 (Cth) ss 4, 37M, 37N Federal Court Rules 2011 (Cth) rr 7.23, 9.05(1)(a), 9.12 Black Coal Mining Industry Award 2010
Cases cited: Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 7) [2010] FCA 902 Carnegie Corporation Limited v Pursuit Dynamics Plc [2007] FCA 1010; (2007) 162 FCR 375 Construction, Forestry, Mining and Energy Union v One Key Workforce Pty Ltd [2017] FCA 1266, (2017) 270 IR 418 Evans v Davantage Group Pty Ltd (No 2) [2020] FCA 473 Gearhart United Pty Ltd v Omni Oil Technologies (Asia) SDN BHD [2010] FCA 401; (2010) 267 ALR 630 Hooper v Kirella Pty Ltd [1999] FCA 1584; (1999) 96 FCR 1 Hopkins v AECOM Australia Pty Ltd & Others [2012] FCA 1204; 91 ACSR 391 John Holland Services Pty Ltd v Terranora Group Management Pty Ltd [2004] FCA 679 Kirby v Centro Properties Ltd [2009] FCA 695 One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union & Anor [2018] FCAFC 77, (2018) 277 IR 23 Paxus Services Ltd v People Bank Pty Ltd [1990] FCA 500; (1990) 99 ALR 728 Roadshow Films pty Ltd v iiNet Ltd [2011] HCA 54; (2011) 248 CLR 37 Telstra Corporation Limited v Minister for Communications, Information Technology and the Arts [2007] FCA 1331 Telstra Corporation Limited v Minister for Broadband Communications and the Digital Economy [2008] FCAFC 7; (2008) 166 FCR 64
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