Federal Court of Australia
Federal Court of Australia
Garvey v Australian National University [2024] FCA 140 File number(s): QUD 129 of 2023
Judgment of: MEAGHER J
Date of judgment: 26 February 2024
Catchwords: PRACTICE AND PROCEDURE – Subpoenas – Whether leave to issue subpoena to give evidence returnable at an interlocutory hearing should be granted – Whether a legitimate forensic purpose is established – Leave to issue subpoena refused
Legislation: Federal Court Rules 2011 (Cth) rr 24.01, 24.12, 31.02
Cases cited: Comcare v John Holland Rail Pty Ltd (No 5) (2011) 195 FCR 43 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Pigozzo v Mineral Resources (No 2) [2023] FCA 1489 McIlwain v Ramsey Food Packaging Pty Ltd (2005) 221 ALR 785 Rossi Pty Ltd v Ballymore Tower Pty Ltd [1984] 2 Qd R 167 Spencer v Commonwealth of Australia [2014] FCA 1234
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 23
Date of hearing: 13 February 2024
Counsel for the Applicant: The Applicant appeared in-person
Counsel for the Respondent: K E Slack
Solicitor for the Respondent: HWL Ebsworth Lawyers
ORDERS QUD 129 of 2023
BETWEEN: BENJAMIN PATRICK GARVEY Applicant
AND: AUSTRALIAN NATIONAL UNIVERSITY Respondent
order made by: MEAGHER J DATE OF ORDER: 26 FEBRUARY 2024
THE COURT ORDERS THAT:
1. The applicant is to file the Request for Leave to Issue Subpoena subject to this application. 2. Leave to issue the subpoena is refused. 3. Costs are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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