1A notice to produce will be set aside where the documents sought are not relevant to any issue raised in the notice of grounds of opposition as pleaded, even if the documents might be relevant to a hypothetical argument not yet pleaded.
2Where allegations of negligent work have been determined adversely in a costs assessment and review process and have merged in judgment debts, a notice to produce seeking documents to re-agitate those allegations in bankruptcy proceedings will be set aside; the appropriate course is to seek to set aside the costs certificates in the relevant state court.
3The question whether a law practice that has ceased trading retains capacity to sue to recover costs was not determined, but the court noted it had been rejected in prior decisions (In the matter of CharterLaw Legal Pty Ltd [2025] NSWSC 297 and Michales v CharterLaw Legal Pty Limited [2026] FCA 209).
