Federal Court of Australia
Federal Court of Australia
Watson & Co Superannuation Pty Ltd v Dixon Advisory and Superannuation Services Ltd (No 3) [2023] FCA 988 File number: VID 769 of 2021
Judgment of: LEE J
Date of judgment: 14 August 2023
Catchwords: REPRESENTATIVE PROCEEDINGS – application for production of documents used in connexion with mediation – where documents subject to settlement privilege under s 131(1) of the Evidence Act 1995 (Cth) and s 53B of the Federal Court of Australia Act 1976 (Cth) – whether necessary and appropriate for Court to order production of documents which bear upon whether settlement of the litigation is fair and reasonable – content of duty to participate in mediation in good faith – where applicant sought to adduce without prejudice communications – adduction of evidence rejected – where bona fide dispute between parties as to financial information provided in mediation – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 23, 33V, 37N, 53A, 53B Evidence Act 1995 (Cth) ss 131(1), 135(a)
Cases cited: Bywater v Appco Group Australia Pty Ltd [2020] FCA 1537 Evans v Davantage Group Pty Ltd (No 2) [2020] FCA 473 Fuge v Commonwealth Bank of Australia [2019] FCA 1621 The Owners – Strata Plan No 87231 v 3A Composites GmbH (No 6) [2023] FCA 188
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
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