Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v BlueScope Steel Limited (No 4) [2021] FCA 1162 File number: VID 932 of 2019
Judgment of: O'BRYAN J
Date of judgment: 23 September 2021
Date of publication of reasons: 24 September 2021
Catchwords: PRACTICE AND PROCEDURE – application to set aside notice to produce served in the fourth week of trial –notice set aside on the related bases that it is an abuse of process, oppressive, the documents sought lack apparent relevance and the notice is contrary to the overarching obligations in s 37M of the Federal Court of Australia Act 1976 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 30.28(1)
Cases cited: Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Dorajay Pty Limited v Aristocrat Leisure Limited [2005] FCA 588 National Employers' Mutual General Insurance Association Ltd v Waind [1978] 1 NSWLR 372 Re Ox Operations Pty Ltd [2008] FCA 61 Seven Network Ltd v News Ltd (No 5) [2005] FCA 510; 216 ALR 147 Trade Practices Commission v Arnotts Ltd (No 2) (1989) 88 ALR 90
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Economic Regulator, Competition and Access
Number of paragraphs: 24
Date of hearing: 23 September 2021
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