Federal Court of Australia
Federal Court of Australia
Finnegan v Washington (No 4) [2024] FCA 1054 File number: WAD 429 of 2019
Judgment of: JACKSON J
Date of judgment: 6 September 2024
Date of publication of reasons: 10 September 2024
Catchwords: PRACTICE AND PROCEDURE - referee appointed pursuant to s 54A(1) of the Federal Court of Australia Act 1976 (Cth) to prepare a report in respect of questions arising in interlocutory disputes - disputes involved the scope of a proposed subpoena, discovery, interrogatories and costs - issues as to scope of proposed subpoena and interrogatories not pressed - consideration of procedure on receipt of referee report - consideration of general principles applicable to the exercise of the Court's discretion to adopt, vary or reject referee report - referee report adopted in respect of certain categories of discovery and interrogatories - referee report not adopted in relation to subpoena issues not pressed - remaining questions as to balance of referee report and costs reserved
Legislation: Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37N, 37M, 54A, Part VB Federal Court Rules 2011 (Cth) rr 1.41, 20.13, 20.14, 28.67, Division 28.6 Defamation Act 2005 (WA) s 36
Cases cited: Brookfield v Yevad Products Pty Ltd [2002] FCA 1376 Chocolate Factory Apartments Pty Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 CPB Contractors Pty Ltd v Celsus Pty Ltd (No 2) [2018] FCA 2112; (2018) 268 FCR 590 Finnegan v Washington (No 2) [2020] FCA 1587 Finnegan v Washington (No 3) [2020] FCA 1654 Gulf Conveyor Systems Pty Ltd v Gulf Integrated Systems Solutions Pty Ltd [2020] FCA 1245 Kadam v Miiresorts Group 1 Pty Ltd (No 4) [2017] FCA 1139; (2017) 252 FCR 298 Mulley v Manifold (1959) 103 CLR 341
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