Cth v Albany Port Authority

[2006] WASCA 185

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Subpoenas
3. › Subpoena duces tecum
4. › Leave for early return
5. › Setting aside subpoenas as abuse of process
6. › Whether judge may set aside on own motion subpoenas issued with leave of another judicial officer
7. › Whether error in failing to take into account that leave had been granted
8. › Rules of the Supreme Court 1971 (WA), O 36 r 12(4), O 36 r 18
1. Practice and Procedure
2. › Abuse of process
3. › Inherent jurisdiction of court
4. › Setting aside subpoenas
5. › Whether subpoenas constituted abuse of process
6. › Whether court may act on own motion
1. Practice and Procedure
2. › Interlocutory orders
3. › Power to revisit orders of another judicial officer of like jurisdiction
4. › Whether judge exercising appellate jurisdiction
5. › Distinction between review for error and review for changed circumstances
1. Practice and Procedure
2. › Case management
3. › Whether case management principles justify setting aside subpoenas
4. › Relationship between case management and attainment of justice
5. › Rules of the Supreme Court 1971 (WA), O 1 r 4A, O 1 r 4B

Quick Take

Where a Master has granted leave under O 36 r 12(4) to issue subpoenas, a judge should generally be reluctant to set them aside on his or her own motion based solely on an examination of the form of the subpoena, absent new material, complaint by any affected party, or changed circumstances. The Master's unappealed order must be taken to include a finding that the subpoenas had a legitimate forensic purpose. Case management principles under O 1 r 4A and r 4B do not provide an independent basis for setting aside subpoenas that have been issued with leave.