DUPONT & UNWIN

In the matter of *Dupont & Unwin*, Justice Bennett of the Supreme Court of Victoria considered an application to set aside a subpoena issued to Inspector B, an Inspector of Workplace Standards. The subpoena was issued at the behest of the respondent, and the dispute concerned the production of documents by a police officer.

The primary legal issue before the Court was whether the subpoena should be set aside. Ancillary to this, the Court was required to determine whether the Chief Commissioner of Victoria Police should be permitted to inspect and copy affidavits or proofs of evidence sworn or affirmed by current or former police officers, other than the parties and Superintendent C, and under what conditions.

Justice Bennett reasoned that the subpoena should be set aside. The Court then considered the application by the Chief Commissioner of Victoria Police for access to certain documents. The Court permitted the Chief Commissioner to make an oral application to inspect and copy affidavits or proofs of evidence provided by current or former police officers, other than the parties and Superintendent C. This application was adjourned to allow any affected deponent or witness the opportunity to be heard in opposition. The Court also addressed the release of the Chief Commissioner from any implied undertaking regarding the use of such documents, and directed that documents produced pursuant to the subpoena be retained by the Court.