This case concerned an Amended Interlocutory Application filed by the respondent, seeking orders that the applicant give discovery of documents pursuant to rr 20.12 and 20.15 of the Federal Court Rules 2011 (Cth) (FCR). The Court considered the application of the relevant legislative scheme (FCR), and the established principles relating to applications for discovery.
It was concluded that the respondent had discharged the onus of proving, inter alia, that discovery of the documents referred to in Category 1 of Annexure A of the Amended Interlocutory Application was required to facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible, and was necessary for the determination of relevant issues to those in the proceeding.
The Court ordered that the Applicant give discovery of all relevant documents specified in the orders, and to do so by electronic means. Costs were reserved, with the matter to return for a case management hearing on 3 November 2026.
Scott Robinson appeared for the Applicant, instructed by Maurice Blackburn.
The judgment can be read by clicking here
