Riger and Commonwealth Bank of Australia Limited (Compensation)

This matter concerned an objection to a summons issued by the Administrative Appeals Tribunal. The applicant, Riger, sought certain documents from the Commonwealth Bank of Australia Limited (the Bank) in relation to a review before the Tribunal. The Bank objected to the summons, arguing that the documents sought were not relevant to the facts in issue and raised concerns about propensity and similar fact evidence.

The primary legal issue before the Tribunal was whether the documents sought by the summons were relevant to the principal issue on review. The Tribunal was required to determine the scope of the summons and whether any modifications were necessary to ensure the evidence sought was relevant to the proceedings.

Senior Member Clauson AM reasoned that the documents sought did have apparent relevance to the principal issue on review. While acknowledging the Bank's concerns, the Tribunal determined that the summons should be varied in scope to require disclosure of specific categories of documents. These included all documents relating to complaints made by the applicant against three named employees, the disciplinary records of those employees, any complaints made against them by the Bank's staff (with specific details required), and documents pertaining to the resignation or termination of one of those employees, including exit interview notes.

The Tribunal ordered that the Bank produce the documents as narrowed in compliance with its decision, and also produce a document referred to in Part 7 of the summons within fourteen days.