Request by Fantech Pty Ltd for the Registrar of Trade Marks to require production of documents

This matter concerned a request by Fantech Pty Ltd to the Registrar of Trade Marks, acting through a delegate, for the issuance of a Notice to Produce documents pursuant to section 202(c) of the *Trade Marks Act 1995* (Cth). The delegate of the Registrar of Trade Marks was Adrian Richards.

The primary legal issue before the delegate was whether the documents sought by Fantech Pty Ltd had apparent relevance to the proceedings and whether the request constituted a fishing expedition or a request for de facto discovery, rather than a legitimate request for production.

The delegate reasoned that while certain aspects of the request might generally support the issuance of a Notice to Produce, these did not outweigh the concerns regarding the apparent lack of relevance of the documents sought and the characterisation of the request as a fishing expedition. Consequently, the delegate was not satisfied that it would be appropriate to issue the Notice to Produce.

The delegate's decision was to refuse the request for the issuance of the Notice to Produce documents.