Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McMahon Services Australia Pty Ltd v Howmet Systems Australia Pty Ltd, formerly Alcoa Australia Rolled Products Pty Ltd (No 2) [2022] FCA 545 File number(s): SAD 42 of 2021
Judgment of: O'SULLIVAN J
Date of judgment: 13 May 2022
Catchwords: PRACTICE AND PROCEDURE – interlocutory application – application for production and non-standard discovery of categories of documents pursuant to the Redfern Discovery Procedure set out in [8.4] to [8.7] of the Commercial and Corporations Practice Note and rr 20.14 and 20.15 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 – whether the time period sought by the applicant is excessive – whether settlement privilege is available to the respondent to prevent production of the documents sought – request for production stood over - application granted for discovery of a limited categories of documents
Legislation: Evidence Act 1995 (Cth), s 131(1) Federal Court of Australia Act 1976 (Cth), s 37M Federal Court of Australia Rules 2011 (Cth), r 20.14
Cases cited: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2011] FCA 1396
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 27
Date of last submission/s: 4 April 2022
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