Construction, Forestry , Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2012] FCA 707

Construction, Forestry , Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2012] FCA 707

The Notice to Produce as served was non-compliant with r 30.28 and had no effect under the Federal Court Rules 2011; furthermore, it improperly sought discovery without an order of the court. Compliance with r 30.28(3) was dispensed with, and limited unverified discovery was ordered instead on a truncated basis so as not to jeopardise the trial date.

Jurisdiction
Australia
Judgment Date
02 July 2012
Procedural Posture
Interlocutory Application / Application to Dispense With Compliance With Notice to Produce and Application for Discovery
Outcome
Application for Notice to Produce declined; limited discovery ordered; compliance with r 30.28(3) dispensed with.
Legal Topics
['notice to Produce' 'discovery' 'federal Court Rules']
['practice and Procedure'] ['notice to Produce' 'discovery' 'federal Court Rules']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Dispense With Compliance With Notice to Produce and Application for Discovery

Legal Issues

  1. 1 ['Whether the Notice to Produce complied with Federal Court Rules 2011 r 30.28' 'Whether the Notice to Produce in substance sought discovery rather than production of documents' 'Whether the court should order discovery']

Ratio Decidendi

The Notice to Produce as served was non-compliant with r 30.28 and had no effect under the Federal Court Rules 2011; furthermore, it improperly sought discovery without an order of the court. Compliance with r 30.28(3) was dispensed with, and limited unverified discovery was ordered instead on a truncated basis so as not to jeopardise the trial date.

Court Disposition

Application for Notice to Produce declined; limited discovery ordered; compliance with r 30.28(3) dispensed with.

Orders

  • ['Compliance by the respondent with r 30.28(3) of the Federal Court Rules 2011 in relation to the Notice to Produce served by the applicant on 20 June 2012 be dispensed with.' 'The respondent file and serve, by 1:00 pm on Thursday 5 July 2012, an unverified list of documents in accordance with Part 20, r 17(1) and...