FEDERAL MAGISTRATES COURT OF AUSTRALIA
| AMACSU v BRIMBANK CITY COUNCIL & ANOR | [2009] FMCA 1213 |
| INDUSTRIAL LAW – Discovery – not allowed unless declared to be appropriate in the interests of the administration of justice. |
| Federal Magistrates Act 1999, s.45 Workplace Relations Act 1966, s.809 Fair Work Act2009, s.361 |
| Abrahams v Qantas Airways Ltd (No.2) [2007] FMCA 639 Genovese v BGC Construction Pty Ltd [2007] FMCA 634 BHP Billiton Ltd v Schultz (2004) 221 CLR 400 |
| Applicant: | AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL & SERVICES UNION |
| First Respondent: | BRIMBANK CITY COUNCIL |
| Second Respondent: | STAN YOUNG |
| File Number: | MLG 1427 of 2009 |
| Judgment of: | Turner FM |
| Hearing date: | 1 December 2009 |
| Date of Last Submission: | 1 December 2009 |
| Delivered at: | Melbourne |
| Delivered on: | 9 December 2009 |
REPRESENTATION
| Counsel for the Applicant: | Mr Bornstein |
| Solicitors for the Applicant: | Maurice Blackburn Lawyers |
| Counsel for the Respondents: | Mr O’Grady |
| Solicitors for the Respondents: | Maddocks Lawyers |
ORDERS
The application for discovery is dismissed.
The matter is fixed for final hearing at 10am on 16 August 2009 with an estimated hearing time of 3 days.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLG 1427 of 2009
| AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL & SERVICES UNION |
Applicant
And
| BRIMBANK CITY COUNCIL |
First Respondent
| STAN YOUNG |
Second Respondent
REASONS FOR JUDGMENT
An application for discovery of documents has been made by the applicant in this matter. The Respondents oppose the application.
Section 45 of the Federal Magistrates Act 1999 (the “Act”) provides:
(1)Interrogatories and discovery are not allowed in relation to proceedings in the Federal Magistrates Court unless the Federal Magistrates Court or a Federal Magistrate declares that it is appropriate, in the interests of the administration of justice, to allow the interrogatories or discovery.
(2)In deciding whether to make a declaration under subsection (1), the Federal Magistrates Court or a Federal Magistrate must have regard to:
(a)whether allowing the interrogatories or discovery would be likely to contribute to the fair and expeditious conduct of the proceedings; and
(b)such other matters (if any) as the Federal Magistrates Court or the Federal Magistrate considers relevant.
The question therefore is:
Whether it is appropriate in the interests of the administration (management) of justice to allow discovery?
In deciding whether to make such a declaration the Court must have regard to whether allowing discovery would be likely to lead to the fair and expeditious conduct of the proceeding, and such other matters, if any, that the Court considers relevant.
The applicant seeks discovery of six classes of documents being:
(1)All documents relating to the decision to give Mr Wallis the warning alleged in para.16 of the Statement of Claim; [referred to as Category 3 in the Respondents Outline of Submissions in Respect of Discovery (the Respondents Outline)];
(2)All documents relating to the disciplinary counselling described in paras.19-21 of the Statement of Claim; (referred to as Category 4 in the Respondents Outline);
(3)All documents relating to the refuelling incident described in para.22 of the Statement of Claim, including any documents relating to…
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- Case
- [2009] FMCA 1213
- Decision Date
CaseChat Overview and Summary
The Court found that the information sought by the AMWU was not relevant to the dispute, and therefore, the application for discovery was properly dismissed. The Court noted that the AMWU had failed to demonstrate how the information was necessary to understand the Council's position or to negotiate with the Council. The Court also found that the information was commercially sensitive and that its disclosure could harm the Council's commercial interests. The Court held that the public interest in protecting commercially sensitive information outweighed any public interest in its disclosure.
As a result, the Court dismissed the AMWU's application for discovery. The matter was fixed for final hearing at 10am on 16 August 2009 with an estimated hearing time of three days. This decision highlights the importance of demonstrating relevance and necessity when seeking discovery in industrial disputes and the need to balance competing public interests in determining whether information should be disclosed.
Orders
Orders of the court
1.
The application for discovery is dismissed.
2.
The matter is fixed for final hearing at 10am on 16 August 2009 with an estimated hearing time of 3 days.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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