University of New England v Samantha Aber

In the Federal Court, Samantha Aber sued the University of New England seeking damages for alleged discrimination and harassment during her time as a student. The university filed a number of discovery applications, including subpoenas and notices to produce documents. Ms Aber applied to set aside these subpoenas and notices, arguing that they were not relevant to the issues in the case. The court was required to determine the scope of discovery in the context of the relevance of the documents sought.

The court found that the university's subpoenas and notices were relevant to the issues in the case, and therefore should not be set aside. The court held that the relevance of documents in a discovery context should be assessed in light of the issues that the case raises, rather than in light of the merits of the case. The court also found that the university's subpoenas and notices were narrowly tailored to the issues in the case, and that there was no evidence that the university was seeking the documents for an improper purpose. The court dismissed Ms Aber's application to set aside the subpoenas and notices.

The university's application to set aside the subpoenas and notices was dismissed. The court held that the university's subpoenas and notices were relevant to the issues in the case, and that they were narrowly tailored to those issues. The court also found that there was no evidence that the university was seeking the documents for an improper purpose. The court held that the subpoenas and notices should not be set aside.