Australian Competition and Consumer Commission v Pratt [2008] FCA 1373

Australian Competition and Consumer Commission v Pratt [2008] FCA 1373

Leave was granted for the defendant to amend the subpoenas so that the relevant period commenced on 26 July 2005; numerous subpoena paragraphs were set aside as too broad, oppressive, or insufficiently connected to a legitimate forensic purpose. Only those subpoena categories meeting the test of a legitimate forensic purpose and a real possibility of material assistance to the defense were allowed to stand or to be amended accordingly.

Jurisdiction
Australia
Judgment Date
09 September 2008
Procedural Posture
Criminal Application / Pre Trial Interlocutory (subpoenas and Disclosure)
Outcome
Subpoenas partially set aside and partially allowed; leave to amend granted; compliance and privilege directions made; costs reserved and liberty to apply granted.
Legal Topics
['abuse of Process' 'disclosure' 'subpoenas' 'prosecutorial Fairness' 'leniency Policy' 'cartel Conduct']
['criminal Law' 'competition Law' 'procedure'] ['abuse of Process' 'disclosure' 'subpoenas' 'prosecutorial Fairness' 'leniency Policy' 'cartel Conduct']

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Procedural Posture

Criminal Application / Pre Trial Interlocutory (subpoenas and Disclosure)

Legal Issues

  1. 1 ['Whether the subpoenas served by the defendant should be set aside in whole or in part' 'What is the proper test for production of documents on subpoena in these criminal proceedings' "Whether certain subpoenas are oppressive or amount to 'fishing'" 'Whether the forensic purposes for which documents are sought are legitimate']

Ratio Decidendi

Leave was granted for the defendant to amend the subpoenas so that the relevant period commenced on 26 July 2005; numerous subpoena paragraphs were set aside as too broad, oppressive, or insufficiently connected to a legitimate forensic purpose. Only those subpoena categories meeting the test of a legitimate forensic purpose and a real possibility of material assistance to the defense were allowed to stand or to be amended accordingly.

Court Disposition

Subpoenas partially set aside and partially allowed; leave to amend granted; compliance and privilege directions made; costs reserved and liberty to apply granted.

Orders

  • ['Leave to amend relevant subpoenas by defining relevant period as 26 July 2005 to 19 June 2008' 'Defendant relieved from serving amended subpoenas on ACCC, CDPP and AGS' 'Paragraphs 4, 5, 9 of subpoenas to ACCC, CDPP, AGS set aside' 'Leave to amend subpoenas to Samuel and Alexander regarding document period'...