Gill v Fairfax Media Limited (No 1) [2012] FCA 964

Procedural Posture

Practice and Procedure Discovery / Interlocutory Applications for Discovery

Legal Issues

1. 1 ['Whether the proposed categories of discovery sought by Mr Gill from Fairfax should be ordered, and in what form.' "Whether documents concerning termination payments should be discovered subject to a heightened confidentiality regime limiting access to Mr Gill's lawyers." "Whether Fairfax's proposed categories of discovery from Mr Gill, including documents recording alleged representations and documents referred to in proofs of evidence, should be ordered."]

Ratio Decidendi

The contested discovery categories were generally relevant and should be ordered in modified form. Ordinary confidentiality undertakings were sufficient for termination payment documents because the case was not a trade-rival or analogous case. Documents in Fairfax's possession could still be discoverable from Mr Gill because their relevance also arose from the fact that they were in his possession. Although documents referred to in witness proofs are not automatically discoverable, their provenance made them likely to be relevant in the requisite sense.

Court Disposition

Discovery applications granted in modified form; parties directed to bring in short minutes of order to give effect to the reasons.

Orders

• ['The parties bring in short minutes of order to give effect to these reasons by 10 September 2012.' 'With the alterations to the categories, Fairfax should provide a list within four weeks of the date of the judgment with inspection occurring within a further two weeks.' "Discovery on Fairfax's application should...