Haile-Michael v Konstantinidis (No 3) [2013] FCA 53

Haile-Michael v Konstantinidis (No 3) [2013] FCA 53

The applicants' request for further discovery was refused, except for discovery regarding documents specifically referenced in outlines of evidence concerning multicultural awareness training. The remaining discovery sought was either not shown to be relevant or could have, and should have, been pursued earlier. The application to set aside subpoenas was deferred to the trial judge.

Parties
Applicant: Daniel Haile-Michael; Applicant: Jibril God; Applicant: Shuab Ali; Applicant: Maki Issa; Applicant: Hakim Hassan; Applicant: Magnus Kaba; Respondent: Nick Konstantinidis; Respondent: Shane Davies; Respondent: Nick O'Brien; Respondent: Paul Gilmour; Respondent: Chief Commissioner of Victoria Police; Respondent: State of Victoria
Jurisdiction
Australia
Judgment Date
05 February 2013
Procedural Posture
Interlocutory Application / Pre Trial, Orders on Further Discovery and Subpoenas
Outcome
Discovery partially granted; remainder of relief refused; application to set aside subpoenas adjourned; costs otherwise as per orders
Legal Topics
Particular Discovery, Setting Aside Subpoenas, Reasonable Steps Defence, Racial Discrimination Act 1975 (cth) S 18 E
Practice and Procedure Discrimination Law Particular Discovery Setting Aside Subpoenas Reasonable Steps Defence Racial Discrimination Act 1975 (cth) S 18 E

Case Brief

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Parties

Daniel Haile-Michael

Applicant

Jibril God

Applicant

Shuab Ali

Applicant

Maki Issa

Applicant

Hakim Hassan

Applicant

Magnus Kaba

Applicant

Nick Konstantinidis

Respondent

Shane Davies

Respondent

Nick O'Brien

Respondent

Paul Gilmour

Respondent

Chief Commissioner of Victoria Police

Respondent

State of Victoria

Respondent

Procedural Posture

Interlocutory Application / Pre Trial, Orders on Further Discovery and Subpoenas

Legal Issues

  1. 1 Whether further discovery should be ordered under r 20.21 of the Federal Court Rules 2011 for documents not forming part of the respondents' case.
  2. 2 Whether the application for further discovery is justified to test the respondents' 'all reasonable steps' defence under s 18E of the Racial Discrimination Act 1975 (Cth).
  3. 3 Whether interlocutory application to set aside subpoenas should be determined at this stage or more appropriately by the trial judge.

Ratio Decidendi

The applicants' request for further discovery was refused, except for discovery regarding documents specifically referenced in outlines of evidence concerning multicultural awareness training. The remaining discovery sought was either not shown to be relevant or could have, and should have, been pursued earlier. The application to set aside subpoenas was deferred to the trial judge.

Court Disposition

Discovery partially granted; remainder of relief refused; application to set aside subpoenas adjourned; costs otherwise as per orders

Orders

  • Eighth and ninth respondents to file affidavit(s) regarding control of specified training documents by 7 February 2013
  • Relief otherwise sought in the applicants' Interlocutory Application filed 18 January 2013 refused