Abrook & Ors v Paterson & Ors [1995] FCA 694

Secrecy provisions in s8.11 of the Friendly Societies Act 1991 (Qld) prohibiting communication to 'another person' do not extend to a court; therefore, the CEO and QOFS are not prohibited from complying with the subpoena to produce documents to the court.

Jurisdiction: Australia
Judgment Date: 24 August 1995
Procedural Posture: Motion (application to Set Aside Subpoena) Within Civil Proceedings / Interlocutory; Judgment on Motion
Outcome: Application to set aside subpoena dismissed.
Legal Topics: ['subpoena' 'production of Documents' 'statutory Prohibition' 'interpretation of Secrecy Provisions' 'disclosure to Court']

['practice and Procedure'] ['subpoena' 'production of Documents' 'statutory Prohibition' 'interpretation of Secrecy Provisions' 'disclosure to Court']

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Procedural Posture

Motion (application to Set Aside Subpoena) Within Civil Proceedings / Interlocutory; Judgment on Motion

Legal Issues

1 ['Whether s8.11 of the Friendly Societies Act 1991 (Qld) prohibits compliance with a subpoena to produce documents to court.' "Whether a court is 'another person' within statutory secrecy provisions."]

Ratio Decidendi

Court Disposition

Application to set aside subpoena dismissed.

Orders

['The application be dismissed.' 'The applicant on the motion file and serve its submissions on costs by 31 August 1995 and that the respondents file and serve their submissions by 7 September 1995.']