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Australian Securities and Investments Commission v Bekier (Judiciary Act Issue) [2025] FCA 145

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PRACTICE AND PROCEDURE - where an application to set aside two subpoenas was made - where the subpoena recipients assert that documents responsive to the subpoena are not required to be produced on "lawful excuse" grounds within the meaning of r 24.23(1) of the Federal Court Rules 2011 (Cth) - where it is contended that any documents responsive to the subpoena are immune from production by reason of State law - where the relevant provision of the State law is "picked up" in federal jurisdiction by reason of s 79 of the Judiciary Act 1903 (Cth) - where the subpoenas seeking the production of documents cannot be compelled - orders made setting aside the subpoenas - no order as to costs

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