In the application of Laura Dunlop: request for international judicial assistance [2013] NSWSC 634

In the application of Laura Dunlop: request for international judicial assistance [2013] NSWSC 634

It is appropriate to make orders granting effect to the letters of request for judicial assistance from the foreign court, by granting leave to file and serve subpoenas for the specified documents, with certain paragraphs excluded to ensure compliance with local procedure and avoid orders in the nature of discovery.

Parties
Plaintiff: JL Brodie
Jurisdiction
Australia
Judgment Date
09 May 2013
Procedural Posture
Interlocutory Application / Application for Orders Under Evidence on Commission Act 1995
Outcome
Orders granted as sought, with modifications to the subpoena schedules and timelines.
Legal Topics
Subpoena, Evidence on Commission, International Judicial Assistance
Procedure Subpoena Evidence on Commission International Judicial Assistance

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Parties

JL Brodie

Plaintiff

Procedural Posture

Interlocutory Application / Application for Orders Under Evidence on Commission Act 1995

Legal Issues

  1. 1 Whether the Court should issue subpoenas pursuant to requests from a foreign court under the Evidence on Commission Act 1995
  2. 2 Whether the requested subpoenas comply with local law and are not in the nature of discovery

Ratio Decidendi

It is appropriate to make orders granting effect to the letters of request for judicial assistance from the foreign court, by granting leave to file and serve subpoenas for the specified documents, with certain paragraphs excluded to ensure compliance with local procedure and avoid orders in the nature of discovery.

Court Disposition

Orders granted as sought, with modifications to the subpoena schedules and timelines.

Orders

  • Order under section 33 of the Evidence on Commission Act 1995 (NSW) giving effect to three Letters of Request issued by the Circuit Court of Fairfax County, Virginia.
  • Leave granted to plaintiff to file and serve three subpoenas in the form of Annexures 1, 2 and 4 to the summons, with the time for service abridged to 14 May 2013 and paragraphs 10-11 of Schedules to Annexures 1 and 2 deleted.