Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 6 - additional examination orders) [2021] FCA 1383

Federal Court of Australia

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 6 – additional examination orders) [2021] FCA 1383 File number: NSD 1316 of 2020

Judgment of: WIGNEY J

Date of judgment: 10 November 2021

Catchwords: PRACTICE AND PROCEDURE – interlocutory application by accused seeking orders in relation to pre-trial examination of witnesses pursuant to s 23CQ(1) of the Federal Court of Australia Act 1976 (Cth) – whether it would be contrary to interests of justice to proceed to trial without examination of relevant witnesses prior to hearing – where Court found it would be contrary to interests of justice to proceed to trial without pre-trial examination of witnesses

Legislation: Federal Court of Australia Act 1976 (Cth), ss 23, 23CQ

Cases cited: Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 4 – examination orders) [2021] FCA 1237 R v Ibrahim [2007] NSWSC 1140 R v Qaumi (No 2) (Basha Inquiry) [2015] NSWSC 1715

Division: General Division

Registry: New South Wales

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 12

Date of hearing: Determined on the papers

Counsel for the First Accused: Mr D Jordan SC with Ms A Bonnor

Solicitor for the First Accused: Herbert Smith Freehills

Solicitor for the Second Accused: MinterEllison

Counsel for the Fourth Accused: Mr M Thangaraj SC with Ms E Sullivan

Solicitor for the Fourth Accused: King & Wood Mallesons

Solicitor for the Fifth Accused: Arnold Bloch Leibler