Bakker and Kane

In the matter of *Bakker and Kane*, heard before Stevenson J, the applicant, Ms Bakker, sought to issue subpoenas to several entities, including Commonwealth Bank of Australia, B Real Estate, C Company, National Australia Bank Ltd, and D Corporation. The respondent, Mr Kane, sought a certificate pursuant to section 128 of the *Evidence Act 1995* (NSW). The core of the dispute involved the scope and validity of the subpoenas issued by Ms Bakker, and Mr Kane's application for a certificate under the *Evidence Act*.

The primary legal issues before the court were whether the subpoenas issued by Ms Bakker were properly sought and whether they were unduly broad or oppressive. Additionally, the court considered Mr Kane's application for a certificate under section 128 of the *Evidence Act 1995* (NSW), which relates to the use of evidence obtained under compulsion.

Stevenson J determined that several of the subpoenas issued by Ms Bakker were to be struck out, specifically those directed to Commonwealth Bank of Australia, B Real Estate, and C Company. The subpoenas to National Australia Bank Ltd and D Corporation were also largely struck out, but with specific amendments to the date ranges requested. The court limited the scope of the National Australia Bank Ltd subpoena to the period from November 2016 to 3 June 2018, and similarly amended the D Corporation subpoena to cover the period from November 2016 until 3 June 2018. The court found these amendments necessary to narrow the scope of the requested information. Mr Kane's application for a certificate under section 128 of the *Evidence Act 1995* (NSW) was withdrawn and dismissed.