Federal Court of Australia
Federal Court of Australia
Carter on behalf of the Warrwa People v State of Western Australia (No 3) [2024] FCA 634 File number: WAD 33 of 2019
Judgment of: COLVIN J
Date of judgment: 12 June 2024
Date of publication of reasons: 13 June 2024
Catchwords: PRACTICE AND PROCEDURE - interlocutory application to set aside subpoena - where expert briefed by applicant on interlocutory application in relation to resolution of separate question in native title proceedings - where no expert report of applicant's expert disclosed - where subpoena seeking documents in relation to expert was directed to applicant - where applicant alleged documents sought by subpoena were protected by privilege - where subpoena set aside - where further subpoena issued in substantially same terms directed to expert personally - whether further subpoena an abuse of process because it undermines order setting aside earlier subpoena - held not an abuse of process - held documents sought may materially assist in determination of separate question satisfying legitimate forensic purpose - application refused - applicant directed to propose minute of orders in relation to inspection of documents produced by expert in response to subpoena having regard to any privilege claim
Cases cited: Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Seven Network (Operations) Limited v Fairfax Media Publications Pty Limited [2023] FCAFC 185 Wong v Sklavos [2014] FCAFC 120
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