Zaki v Russells

In *Zaki v Russells*, the applicant, Mr Zaki, sought to set aside a subpoena issued by the respondent, Russells, in proceedings before the Fair Work Commission. The dispute concerned allegations of bullying and harassment.

The primary legal issue before the Commission was whether the subpoena, which sought documents from a third party, had a legitimate forensic purpose. The applicant argued that the subpoena was an abuse of process and was sought for an improper purpose, namely to harass the applicant and to gain an unfair advantage in the proceedings.

The Commission considered the principles governing the issue and setting aside of subpoenas, particularly the requirement for a legitimate forensic purpose. It noted that a subpoena will have a legitimate forensic purpose if the documents sought are likely to be relevant to a matter in issue in the proceedings and are not sought for the purpose of oppression or an ulterior motive. The Commission found that the documents sought by the subpoena were relevant to the applicant's state of mind and credibility, which were central issues in the proceedings. Therefore, the subpoena was considered to have a legitimate forensic purpose.

The Commission dismissed the application to set aside the subpoena.