Ceramic Fuel Cells Limited (In Liq) v McGraw-Hill Financial, Inc (No 2) [2016] FCA 1059

PRACTICE AND PROCEDURE - representative proceeding - application to issue subpoenas to foreign entities pursuant to s 33ZF of the Federal Court of Australia Act 2011 (Cth) - whether the Court has power to issue the subpoena to a foreign entity. PRACTICE AND PROCEDURE – whether the Court should exercise its discretion to issue the subpoenas – where the foreign entities are located in Luxembourg and Belgium – where the entities have indicated that they must comply with national banking secrecy laws – impact of secrecy laws on the Court’s discretion – where subpoena is likely to be unenforceable – whether the subpoena will have utility PRACTICE AND PROCEDURE - whether the Court should exercise its discretion to issue the subpoenas - where the foreign entities are located in Luxembourg and Belgium - where the entities have indicated that they must comply with national banking secrecy laws - impact of secrecy laws on the Court's discretion - where subpoena is likely to be unenforceable - whether the subpoena will have utility