Hadid, Albert Lenfest Communications Inc & Ors [1995] FCA 1069

Hadid, Albert Lenfest Communications Inc & Ors [1995] FCA 1069

Limited access to the subpoenaed material is to be granted to listed experts as well as legal representatives, provided undertakings as to confidentiality are signed. Each party is to bear its own costs in respect of the two motions except for the Department's compliance costs with the subpoena, which are to be paid by the third and fourth respondents.

Jurisdiction
Australia
Judgment Date
21 December 1995
Procedural Posture
Motion / Interlocutory
Outcome
Interlocutory orders made granting limited access to experts under confidentiality undertakings; no order as to costs as between parties for the motions except for compliance costs of Department to be paid by third and fourth respondents; directions given regarding future affidavit evidence and notice to third parties.
Legal Topics
['subpoena' 'access to Documents' 'confidentiality' 'costs']
['civil Procedure'] ['subpoena' 'access to Documents' 'confidentiality' 'costs']

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Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 ['Whether limited access to subpoenaed materials should be granted to experts in addition to legal representatives and under what conditions.' 'Who should bear the costs of the motions concerning access and the subpoena.']

Ratio Decidendi

Limited access to the subpoenaed material is to be granted to listed experts as well as legal representatives, provided undertakings as to confidentiality are signed. Each party is to bear its own costs in respect of the two motions except for the Department's compliance costs with the subpoena, which are to be paid by the third and fourth respondents.

Court Disposition

Interlocutory orders made granting limited access to experts under confidentiality undertakings; no order as to costs as between parties for the motions except for compliance costs of Department to be paid by third and fourth respondents; directions given regarding future affidavit evidence and notice to third parties.

Orders

  • ['Material in question to be supplied to experts listed in a schedule upon execution of a confidentiality undertaking.' 'No order as to costs of any of the parties in respect of the two motions.' 'Order in terms of paragraph 1 of the short minutes of order made on 14 December regarding expert report access.'...