Federal Court Rules

What is a Case Management Hearing?

In the Federal Court of Australia, a case management hearing is a meeting of the parties and the Court to identify issues at the earliest possible stage (Case Management Hearing).[1]  They are the essential element of, and main procedure used in achieving, case management.[2]  In Queensland Courts, they are referred to as case management conferences.[3]  Case Management Hearings may be referred to by different terms in each State.  This article discusses Case Management Hearings in the Federal Court. [Read more…]

Subpoenas to produce documents – Federal Court

In litigious matters, it is often the case that a third party has documents which may go towards proving (or disproving) a fact in issue in the proceedings.  When this arises, the question becomes whether you can subpoena the documents, what form should the subpoena take and at what stage in the proceedings this is best done. [Read more…]

Categories of discovery – Federal Court

On 1 August 2011 the Federal Court of Australia (Federal Court) adopted the Federal Court Rules 2011 (Cth) (Rules) and its revised regime for discovery.  The Federal Court does not require parties to provide disclosure as a matter of course.  Instead, if a party wishes to receive documents from another party (or a third party), they must seek the Court’s permission.  This process in the Federal Court of Australia is known as discovery.  The Rules are to be read in conjunction with the relevant Federal Court practice notes, particularly Central Practice Note: National Court Framework and Case Management (CPN-1) and Intellectual Property Practice Note (IP-1).  In this article, we consider the process of seeking discovery of documents by categories in a matter before the Federal Court. [Read more…]

Evidence from the Wayback Machine

The utility of evidence relating to the existence of websites on the internet and their contents sourced from the Wayback Machine is increasingly being considered by Australian Courts.   The question is whether or not the Courts will accept reports from the Wayback Machine in practice and if so what will they allow? [Read more…]

Aussie Court orders Google to unmask reviewer

Online reviews are crucial to most business’ online presence.  While some reviewers openly share their identity along with their comments, many choose to remain anonymous.  In the case of false, misleading or defamatory online reviews, this can create a host of issues for businesses seeking to remove the review or commence legal proceedings against a reviewer.  This was evident in the recent case of Kabbabe v Google LLC [2020] FCA 126. [Read more…]

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