REPRESENTATIVE PROCEEDINGS – application for production of documents used in connexion with mediation – where documents subject to settlement privilege under s 131(1) of the Evidence Act 1995 (Cth) and s 53B of the Federal Court of Australia Act 1976 (Cth) – whether necessary and appropriate for Court to order production of documents which bear upon whether settlement of the litigation is fair and reasonable – content of duty to participate in mediation in good faith – where applicant sought to adduce without prejudice communications – adduction of evidence rejected – where bona fide dispute between parties as to financial information provided in mediation – application dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0988
For more information, see the original judgement.