AWU v Johnson Matthey (Australia) Ltd [1999] FCA 1742

AWU v Johnson Matthey (Australia) Ltd [1999] FCA 1742

The subpoena was not too broad or oppressive, as the documents are necessary to determine membership status, which is central to whether industrial action was protected under the Act. Documents relating to the payment of union contributions are relevant to the issue of union membership. The subpoena is confined to documents in existence on or before 14 July 1999.

Jurisdiction
Australia
Judgment Date
01 December 1999
Procedural Posture
Industrial Law Application / Interlocutory Application to Set Aside Subpoena for Production
Outcome
Application to set aside the subpoena in part dismissed, with modification.
Legal Topics
['subpoena' 'production of Documents' 'oppression' 'relevance' 'union Membership']
['industrial Law'] ['subpoena' 'production of Documents' 'oppression' 'relevance' 'union Membership']

Case Brief

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Procedural Posture

Industrial Law Application / Interlocutory Application to Set Aside Subpoena for Production

Legal Issues

  1. 1 ['Whether the subpoena for production is too broad and oppressive' 'Whether the documents sought under the subpoena are relevant']

Ratio Decidendi

The subpoena was not too broad or oppressive, as the documents are necessary to determine membership status, which is central to whether industrial action was protected under the Act. Documents relating to the payment of union contributions are relevant to the issue of union membership. The subpoena is confined to documents in existence on or before 14 July 1999.

Court Disposition

Application to set aside the subpoena in part dismissed, with modification.

Orders

  • ['The application to set aside the subpoena for production in part be dismissed, save that the documents be confined to those which came into existence on or prior to 14 July 1999.']