Jones and Comcare (Compensation)

The Administrative Appeals Tribunal considered an objection to a summons issued in proceedings between Mr Jones and Comcare. Mr Jones sought to have the summons set aside.

The primary legal issue before the Tribunal was whether the summons had the possibility of relevance to the proceedings, or if it constituted an impermissible "fishing expedition."

Deputy S A Forgie P reasoned that for a summons to be valid, the documents sought must have a demonstrable relevance to the issues in dispute. The Tribunal found that the summons, as issued, lacked any adjectival relevance to the matters before it. Consequently, the summons was set aside.