› documents sought in notice to produce related to financial transactions between foreign bank and customer
› production of documents likely to involve foreign bank in a contravention of Swiss banking secrecy and criminal laws
› principles in respect of attempts to use court processes to obtain documents from international banks so as to avoid the risk of jurisdictional conflicts
› whether notice to produce should be set aside or compliance not be required the circumstances
Practice and Procedure
› notice to produce
› application by foreign bank to set aside or excuse obligation to comply with notice to produce under r 30.28 of Federal Court Rules 2011 (Cth)
› notice to produce has same coercive effect as subpoena
› whether notice to produce can be served on a foreigner contesting jurisdiction
Case Details
Citation[2011] FCA 1152
CourtFCA
JurisdictionCommonwealth
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