Career Step, LLC v TalentMed Pty Ltd [2017] FCA 492

Career Step, LLC v TalentMed Pty Ltd [2017] FCA 492

The interests of the proceeding justify enabling the applicant's nominated computer expert to inspect and copy the respondents' computers recording the TalentMed Course Materials, under a regime providing protection for confidentiality and privilege. The order has utility as the online materials are subject to revision and are not clearly divided into discrete versions, and evidence preservation is important for proper determination of the issues. The application for discovery is refused at this stage due to the imminent filing of the defence and the width of the order sought, without prejudice to renewal after pleadings are settled.

Parties
Applicant: Career Step, LLC; First Respondent: TalentMed Pty Ltd ACN 125 458 808; Second Respondent: Lyndie Ellen Arkell; Third Respondent: Timothy Arkell
Jurisdiction
Australia
Judgment Date
23 May 2017
Procedural Posture
Application for Discovery and Inspection Orders / Interlocutory Decision Prior to Final Hearing, Before Filing of Defence
Outcome
Order for inspection and copying of respondents' computers granted (under conditions); application for early discovery refused (without prejudice).
Legal Topics
Discovery, Inspection of Property, Copyright, Breach of Contract
Practice and Procedure Intellectual Property Discovery Inspection of Property Copyright Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Career Step, LLC

Applicant

TalentMed Pty Ltd ACN 125 458 808

First Respondent

Lyndie Ellen Arkell

Second Respondent

Timothy Arkell

Third Respondent

Procedural Posture

Application for Discovery and Inspection Orders / Interlocutory Decision Prior to Final Hearing, Before Filing of Defence

Legal Issues

  1. 1 Whether an order for inspection of respondents' computers storing the TalentMed Course Materials should be made under r 14.01 of the Federal Court Rules 2011 (Cth)
  2. 2 Whether an order for early discovery should be made before the defence is filed
  3. 3 Whether the proposed orders provide sufficient protection for confidentiality and privilege

Ratio Decidendi

The interests of the proceeding justify enabling the applicant's nominated computer expert to inspect and copy the respondents' computers recording the TalentMed Course Materials, under a regime providing protection for confidentiality and privilege. The order has utility as the online materials are subject to revision and are not clearly divided into discrete versions, and evidence preservation is important for proper determination of the issues. The application for discovery is refused at this stage due to the imminent filing of the defence and the width of the order sought, without prejudice to renewal after pleadings are settled.

Court Disposition

Order for inspection and copying of respondents' computers granted (under conditions); application for early discovery refused (without prejudice).

Orders

  • The respondents provide the applicant's nominated computer expert, Mr Nigel Carson, access to computers storing the TalentMed Course Materials by 26 May 2017, including providing passwords as required.
  • The respondents direct Mr Carson to the location of stored TalentMed Course Materials.