Skyn Pty Ltd v LifeStyles Healthcare Pte Ltd

[2026] FCA 1060

Federal Court of Australia3 August 2026

Built by Barristers,
For Australian Law.

Non-standard discovery by category that seeks to disapply the r 20.14(1) and r 20.14(2) criteria requires the applicant to demonstrate that all documents in each proposed category are manifestly directly relevant to issues raised in the pleadings or affidavits; if the categories are not so confined, the order dispensing with those criteria should not be made.
Where a party's grounds of appeal and particulars do not identify the factual issues to which proposed discovery categories relate, and no pinpoint references to supporting evidence are provided, the discovery sought is mere fishing and will be refused as not necessary for the just resolution of the proceeding.
Even where a factual issue is agreed to be live, proposed discovery categories that are temporally, substantively or as to source far wider than necessary to address that issue will be refused as oppressive and disproportionate under s 37M.