Haswell v Commonwealth of Australia [2020] FCA 915

Haswell v Commonwealth of Australia [2020] FCA 915

Parties and their representatives are released from the obligations referred to in Hearne v Street regarding information in the joint chemistry report and adjectival information provided to the toxicology referee, as such information has either entered the public domain through evidence and submissions in open court or good reason exists to permit its use in this proceeding, contrary to usual position.

Parties
First Applicant: Reannan Laura Haswell; Second Applicant: Beaux Daniel Tilley; Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
19 June 2020
Procedural Posture
Class Action / Interlocutory/case Management Determination
Outcome
Application for release from implied undertaking granted
Legal Topics
Implied Undertaking, Use of Documents From Other Proceedings, Open Justice, Class Actions, Expert Evidence
Practice and Procedure Implied Undertaking Use of Documents From Other Proceedings Open Justice Class Actions Expert Evidence

Case Brief

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Parties

Reannan Laura Haswell

First Applicant

Beaux Daniel Tilley

Second Applicant

Commonwealth of Australia

Respondent

Procedural Posture

Class Action / Interlocutory/case Management Determination

Legal Issues

  1. 1 Whether parties may use documents (joint chemistry report and toxicology referee report) from earlier class actions in new related class action, in light of the implied undertaking (Harman undertaking) not to use documents obtained by compulsory court process for collateral or ulterior purpose.

Ratio Decidendi

Parties and their representatives are released from the obligations referred to in Hearne v Street regarding information in the joint chemistry report and adjectival information provided to the toxicology referee, as such information has either entered the public domain through evidence and submissions in open court or good reason exists to permit its use in this proceeding, contrary to usual position.

Court Disposition

Application for release from implied undertaking granted

Orders

  • Parties and legal representatives are released from obligations of the kind referred to in Hearne v Street [2008] HCA 36 with respect to information contained in: (a) the joint chemistry report of Professors Field and Cousins dated 30 August 2019; and (b) all adjectival information provided to the referee, Associate...