PRACTICE AND PROCEDURE - consideration of an application seeking orders for production of documents pursuant to prior search orders, r 7.01 of the Federal Court Rules 2011 (Cth) and discovery and non-party discovery rules - where certain documents now sought to be produced were not in existence at the time the search was carried out - where the true nature of the orders sought is one for discovery and inspection - where there are only sufficient grounds to support orders for non-party discovery as against two respondents - where the Court is otherwise not satisfied that the proposed applicant has established the documents sought are, or are likely to be, directly relevant.
PRACTICE AND PROCEDURE - consideration of an application seeking orders for production of documents pursuant to Notices to Produce under r 20.31 - whether affidavits in which the documents are mentioned are "spent" where the applications they respond to were not pursued by the proposed applicant - where affidavits are to be relied upon in another proceeding - where documents are mentioned sufficiently for the purposes of the rule.
PRACTICE AND PROCEDURE - consideration of an application seeking orders for additional searches of seized material - where the previous orders for access were made by consent whereas the orders now sought are opposed - consideration of the decision in Metso Minerals (Australia) Ltd v Kalra (No 3) [2008] FCA 1201 - where documents are being sought as substitute for discovery or in tandem with, or as an adjunct to, the discovery process.
CORPORATIONS - consideration of an application seeking an order under r 7.01 or s 1324 of the Corporations Act 2001 (Cth) that a director authorise payment of employee wages and entitlements as and when requested - where director proffered undertaking which is fair and reasonable - where application seeks an order under r 7.01 or s 1324 of the Act that the company reimburse the proposed applicant a sum of money - where company is not represented before the Court - where the directors are engaged as bitter protagonists in litigation before the Court - where such an order would involve the Court recognising and enforcing a debt.
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