Hughes, K.J. v. Western Australian Cricket Association & Ors [1986] FCA 220

Hughes, K.J. v. Western Australian Cricket Association & Ors [1986] FCA 220

The Federal Court has the implied power, arising from s.23 of the Federal Court of Australia Act 1976 and Order 27 of the Federal Court Rules, to order the issue of a subpoena to a non-party for production of documents before the hearing date, where it is in the interests of justice and necessary for the proper and expeditious conduct of the proceeding.

Parties
Applicant: Kimberley John Hughes; First Respondent: Western Australian Cricket Association (Inc.); Second Respondents: Mt. Lawley District Cricket Club (Inc.) and Others; Third Respondents: Leslie Annison (Sued on behalf of himself and all other members of the Southern District Cricket Club) and Others; Fourth Respondents: Kevin Morris Taylforth (Sued on behalf of himself and all other members of the Cricket Council of Western Australian Cricket Association (Inc.))
Jurisdiction
Australia
Judgment Date
30 May 1986
Procedural Posture
Motion / Application for Issue of Subpoena Duces Tecum Prior to Hearing
Outcome
Power to issue subpoena exists; justification for issue of subpoena accepted in principle; further hearing on terms for issuance.
Legal Topics
Subpoenas, Pre Trial Procedure, Production of Documents
Practice and Procedure Subpoenas Pre Trial Procedure Production of Documents

Case Brief

Summary, issues, holding and outcome

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Parties

Kimberley John Hughes

Applicant

Western Australian Cricket Association (Inc.)

First Respondent

Mt. Lawley District Cricket Club (Inc.) and Others

Second Respondents

Leslie Annison (Sued on behalf of himself and all other members of the Southern District Cricket Club) and Others

Third Respondents

Kevin Morris Taylforth (Sued on behalf of himself and all other members of the Cricket Council of Western Australian Cricket Association (Inc.))

Fourth Respondents

Procedural Posture

Motion / Application for Issue of Subpoena Duces Tecum Prior to Hearing

Legal Issues

  1. 1 Whether the Federal Court has power to order the issue of a subpoena duces tecum to a non-party to produce documents before the date fixed for hearing

Ratio Decidendi

The Federal Court has the implied power, arising from s.23 of the Federal Court of Australia Act 1976 and Order 27 of the Federal Court Rules, to order the issue of a subpoena to a non-party for production of documents before the hearing date, where it is in the interests of justice and necessary for the proper and expeditious conduct of the proceeding.

Court Disposition

Power to issue subpoena exists; justification for issue of subpoena accepted in principle; further hearing on terms for issuance.