Recent Cases

Seven Network (Operations) Limited v Fairfax Media Publications Pty Limited [2023] FCAFC 185 (30 November 2023) (Wheelahan, Anderson and Jackman JJ)


PRACTICE AND PROCEDURE – appeals from interlocutory decision refusing to set aside subpoenas and part of notice to produce – whether the primary judge erred by expressing the issue of apparent relevance as being whether the documents “could possibly throw light on the issues that arise” – relevant principles for assessing the validity of subpoenas – whether the primary judge erred in concluding that the “whole of the relationship” between the third parties and the applicant was relevant – whether subpoenas impermissibly broad – appeals dismissed