Discovery is not limited to documents admissible at trial; it is part of the fact-finding exercise in trial preparation. The Peruvian Guano test is no longer applicable in Victoria. The CPA's overarching purpose may justify upholding subpoenas even where the traditional distinction between discovery and subpoena production would suggest otherwise, particularly where setting aside a subpoena would inevitably lead to a third party discovery application.
The full text is available to signed-in members, including the 64 later cases that cite this judgment.
7 of the 64 citing cases carry a classified treatment. How each court treated it is available to signed-in members.