Head and Telstra Corporation Limited (Compensation)

The Deputy President, John Pascoe AC CVO, considered an objection to a summons issued in proceedings between Head and Telstra Corporation Limited concerning compensation. The applicant sought to set aside a summons issued to Acting Professor Shumack.

The central legal issue before the Tribunal was whether the documents sought by the summons were relevant to the issues to be decided in the compensation proceedings, and consequently, whether the summons should be complied with or set aside.

The Deputy President reasoned that the potential relevance or weight to be accorded to Acting Professor Shumack’s reports by the Tribunal was not a proper basis for setting aside the summons. The applicant's belief that the review might be of poor quality, biased, or contrary to other expert opinions were matters that would affect the weight of the evidence, not its discoverability. Therefore, the Tribunal determined that it was a legitimate forensic purpose to seek the information.

In accordance with section 40A(1) of the Act, the Deputy President ordered that the summons issued to Acting Professor Shumack, returnable on 3 March 2021, not be set aside.