Federal Court of Australia
Federal Court of Australia Warburton Environment Inc v Secretary, Department of Energy, Environment and Climate Action [2024] FCA 1272 File number(s):
Judgment of: HORAN J
Date of judgment: 21 October 2024
Date of publication of reasons 4 November 2024
Catchwords: PRACTICE AND PROCEDURE – application to set aside notice to produce – whether notice is being used as substitute for discovery – whether documents are relevant to issues in proceeding – whether production of documents would be oppressive or burdensome – where production of documents was more appropriately sought through discovery – notice to produce set aside
Environment Protection and Biodiversity Conservation Act 1999 (Cth) Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 20.11, 20.12(2), 20.14(3), 30.28(1)-(3) Flora and Fauna Guarantee Act 1988 (Vic)
Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Cases cited: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 Fastbet Investments Pty Ltd v Deputy Commissioner of Taxation (No 2) (2018) 108 ATR 730
Division: General Division
Registry: Victoria
National Practice Area:
Number of paragraphs: 50
Date of hearing: 18 and 21 October 2024
Counsel for the Applicant: J Korman and M Beaconsfield
Solicitor for the Applicant: J King Legal
Counsel for the Respondent: M Hosking and H Douglas
Solicitor for the Respondent: Ashurst
ORDERS VID 448 of 2024
BETWEEN: WARBURTON ENVIRONMENT INC Applicant
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