Mcjannett, in the matter of an application for an inquiry in relation to an election for offices in the Construction, Forestry, Mining and Energy Union, Western Australian Branch

The matter before the court involved an application for an inquiry in relation to an election for offices in the Construction, Forestry, Mining and Energy Union, Western Australian Branch. The applicant sought leave to issue a subpoena for documents held by the Supreme Court of Western Australia. The interested parties opposed the application, arguing that the court lacked the jurisdiction to grant such leave. The central issue before the court was whether the application constituted a "relevant proceeding" under Order 27 of the Federal Court Rules, thereby permitting the issuance of a subpoena with the court's leave.

The court examined the relevant provisions of the Federal Court Rules, specifically Order 27, rule 2(1) and rule 2(2), which govern the issuance of subpoenas. Rule 2(2)(b) explicitly prohibits the issuance of a subpoena requiring the production of documents in the custody of the Court or another court. However, Order 27A allows for leave to be granted to issue a subpoena, provided it is subject to conditions. The court also considered the definition of "proceeding" under section 4 of the Federal Court of Australia Act 1976, which includes any incidental proceeding in connection with a proceeding in a court. Despite the broad interpretation of "proceeding," the court held that not every action in a court qualifies as such, and it must be contextually determined.

The court ultimately upheld the arguments of the interested parties and refused the applicant's request for leave to issue a subpoena. The reasoning was that the application did not constitute a "relevant proceeding" within the meaning of Order 27, given that the documents sought were in the custody of another court. Consequently, the court did not have the jurisdiction to grant the requested leave.

ORDERS:
1. The application of the applicant for discovery (or subpoenas) is dismissed.