Markisic v AEA Ethnic Publishers Pty Ltd & Ors

The applicant, Mr Markisic, sought leave to issue subpoenas in defamation proceedings against AEA Ethnic Publishers Pty Ltd and others. This application followed the dismissal of his defamation proceedings and his desire to rely on further evidence on appeal. The Registrar had previously refused leave to issue the subpoenas.

The primary legal issue before the Court was whether the Registrar had erred in refusing leave to issue the subpoenas. This required the Court to consider whether the proposed subpoenas were overly broad, constituted a "fishing expedition," and whether the material sought had any realistic prospect of being used in the appeal.

Giles JA reasoned that the Registrar's decision was correct. His Honour found that most of the proposed subpoenas were too wide and amounted to a fishing expedition, seeking irrelevant material. Furthermore, even if some material could have been obtained, there was little prospect of it being of any use in the appeal. Consequently, the Court dismissed the application to set aside the Registrar's decision.