Federal Court of Australia
Federal Court of Australia
Bertram v Naudi [2022] FCA 385 File number(s): SAD 87 of 2021
Judgment of: O'SULLIVAN J
Date of judgment: 29 March 2022
Date of publication of reasons: 11 April 2022
Catchwords: PRACTICE AND PROCEDURE – interlocutory application – application for standard discovery of a limited category of documents pursuant to r 20.17 of the Federal Court Rules 2011 (Cth) – whether the making of the order sought will facilitate the just resolution of the proceedings as quickly, inexpensively and efficiently as possible – whether the order will require a party to discover documents that are directly relevant – application granted – the documents sought go to the benefit or the value of any benefit which may have been received by the applicant – the documents are relevant to a factual enquiry raised on the pleadings – the order sought would not operate oppressively
Legislation: Bankruptcy Act 1966 (Cth), ss 77A, 139L, 139W, 139ZA, 149, 149B, 149J Federal Court of Australia Act 1976 (Cth), s 37M Federal Court of Australia Rules 2011 (Cth), rr 20.11, 20.12, 20.14, 20.15, 20.17, 20.23
Cases cited: Avon Downs Pty Ltd v Federal Commissioner of Taxation [1949] HCA 6; (1949) 78 CLR 353 Construction, Forestry, Mining and Energy Union v BMP Coal Pty Ltd (No 2) [2011] FCA 1396 Gedeon v Commissioner of the New South Wales Crime Commission and Ors [2008] HCA 43; (2008) 236 CLR 120 R v Connell; Ex parte Hetton Bellbird Collieries Ltd [1994] HCA 42; (1944) 69 CLR 407
Division: General Division
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