Federal Court of Australia
Federal Court of Australia
Roberts-Smith v Fairfax Media Publications Pty Limited (No 43) [2023] FCA 886 File number: NSD 1485 of 2018
Judgment of: BESANKO J
Date of judgment: 31 July 2023
Date of publication of reasons: 8 August 2023
Catchwords: PRACTICE AND PROCEDURE — Interlocutory application by Seven Network (Operations) Limited, Seven West Media Limited, Australian Capital Equity Pty Ltd, Mr Kerry Stokes AC and Mr Bruce McWilliam under r 24.15 of Federal Court Rules 2011 (Cth) to set aside subpoenas to produce documents — Interlocutory application under r 24.15 of Federal Court Rules 2011 (Cth) to set aside subpoena to produce documents to Mark O'Brien Legal and to set aside part of a notice to produce directed to the applicant — subpoenas issued at the request of respondents who succeeded in defending proceedings for defamation and who seek orders that third parties pay their costs of the proceedings — whether subpoenas are bad because they are in the nature of general discovery — whether subpoenas have a legitimate forensic purpose — whether burden of compliance means that the subpoenas are oppressive
Legislation: Federal Court Rules 2011 (Cth) r 24.15
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