Federal Court of Australia
Federal Court of Australia
Brown v Deloitte Touche Tohmatsu (A Partnership) (No 2) [2021] FCA 425 File number: NSD 796 of 2020
Judgment of: STEWART J
Date of judgment: 26 April 2021
Catchwords: PRACTICE & PROCEDURE – application to set aside notice to produce – application to set aside subpoenas to strangers to the litigation – application for limited discovery before evidence is filed – discovery orders made – request for further and better particulars – timing of disclosure and subpoenas
Legislation: Age Discrimination Act 2004 (Cth) ss 14, 51 Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court Rules 2011 (Cth) rr 16.45(1)-(2), 20.13(3), 24.15(1) Central Practice Note: National Court Framework and Case Management (CPN-1) Subpoenas and Notices to Produce Practice Note (GPN-SUBP)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 2087 Brown v Deloitte Touche Tohmatsu (A Partnership) [2020] FCA 1747 Commissioner for Railways (NSW) v Small (1938) 38 SR (NSW) 564 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 MDXJ v Secretary, Department of Social Services [2020] FCA 1767
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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