Federal Court of Australia
Australian Securities and Investments Commission v Bekier (Judiciary Act Issue) [2025] FCA 145 File number:
Judgment of: LEE J
Date of judgment: 24 February 2025
Catchwords: PRACTICE AND PROCEDURE – where an application to set aside two subpoenas was made – where the subpoena recipients assert that documents responsive to the subpoena are not required to be produced on "lawful excuse" grounds within the meaning of r 24.23(1) of the Federal Court Rules 2011 (Cth) – where it is contended that any documents responsive to the subpoena are immune from production by reason of State law – where the relevant provision of the State law is "picked up" in federal jurisdiction by reason of s 79 of the Judiciary Act 1903 (Cth) – where the subpoenas seeking the production of documents cannot be compelled – orders made setting aside the subpoenas – no order as to costs
Evidence Act 1995 (Cth) Family Law Act 1975 (Cth) Family Law Rules 1984 (Cth) Federal Court of Australia Act 1976 (Cth) ss 5, 23, 59 Legislation: Federal Court Rules 2011 (Cth) rr 1, 24 Judiciary Act 1903 (Cth) s 79 Community Welfare Act 1983 (NT) s 97(3) Gaming and Liquor Administration Act 2007 (NSW) s 17(4) Imperial Acts Application Act 1969 (NSW) Pt 1, Sch 2 Bill of Rights 1688 (Eng) Art 9
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